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Agenda Packet P&Z 04/15/2010Planning & Zoning Commission Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMThursday, April 15, 2010 Call To Order and announce a quorum. 1.2010-169-T Review and approve minutes of the March 4, 2010, Planning and Zoning Commission meeting. 030410.pdfAttachments: PUBLIC HEARING 2.2010-201-T Public Hearing to Consider a Request for a Zoning Change from "PD-27" (Planned Development No. 27) to "CR" (Commercial Recreation) for Northwest Park, located just north of the Community Pool/Recreation Center property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) Staff Report -P&Z NW Park.pdf Application.pdf Property Owner Notification.pdf Newspaper - Public Hearing.pdf Concept Plan.pdf ZONING EXHIBIT P&Z.pdf Attachments: 3.2010-209-T Public Hearing to consider changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling and Production, affecting the setback from an existing wellhead to a habitable structure. (ADM-10-006) Staff Report - Gas Wells.pdf Ordinance Revision April 2010.pdf Gas Well Sites - Highlands.pdf 091009 Highlands Concept Plan.pdf 2003 Int'l Fire Code - Well drilling and operating.pdf Public Hearing - Newspaper.pdf Attachments: Planning and Zoning Commission Page 1 of 151 Meeting Date: April 15, 2010 April 15, 2010Planning & Zoning Commission Meeting Agenda 4.2010-214-T Public Hearing to Consider an Amendment to PD-Planned Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit “B” - Development Standards, Section VI. Development and Design Standards, “C” Screening and Fencing, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Staff Report.pdf Application.pdf 2010 April PD-27 Ordinance 2007-15 Amended REDLINE.pdf 041510 Public Hearing - Newspaper Driveway Gates.pdf 041510 Public Hearing - Newspaper Lot Type 4 Lot Coverage.pdf PON Explanation.pdf Property Owners - 200-ft.pdf Attachments: REGULAR SESSION 5.2010-215-T Discussion and Recommendation regarding a Request for a Zoning Change from "PD-27" (Planned Development No. 27) to "CR" (Commercial Recreation) for Northwest Park, located just north of the Community Pool/Recreation Center property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) 6.2010-216-T Discussion and Recommendation regarding changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling and Production, affecting the setback from an existing wellhead to a habitable structure. (ADM-10-006) 7.2010-217-T Discussion and Recommendation regarding an Amendment to PD-Planned Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit “B” - Development Standards, Section VI. Development and Design Standards, “C” Screening and Fencing, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Adjourn *THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL GOVERNMENT CODE 551.071. Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting. Planning and Zoning Commission Page 2 of 151 Meeting Date: April 15, 2010 April 15, 2010Planning & Zoning Commission Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on April 12, 2010, by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Carolyn Huggins Planning & Zoning Department If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2010. ________________________________, Title: ___________________________ Planning and Zoning Commission Page 3 of 151 Meeting Date: April 15, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-169-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/24/2010 Planning & Zoning Commission On agenda:Final action:4/15/2010 Title:Review and approve minutes of the March 4, 2010, Planning and Zoning Commission meeting. Attachments:030410.pdf Action ByDate Action ResultVer. Planning and Zoning Commission Page 4 of 151 Meeting Date: April 15, 2010 12010-169-T Version:File #: Title Review and approve minutes of the March 4, 2010, Planning and Zoning Commission meeting. Planning and Zoning Commission Page 5 of 151 Meeting Date: April 15, 2010 TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION MINUTES MARCH 4, 2010 The Planning and Zoning Commission of the Town of Trophy Club, Texas met on March 4, 2010, at 7:00 p.m. in the Council Chambers, 100 Municipal Drive, Trophy Club, and Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Present Vice Chairman Stephens Present Commissioner Reed Present Commissioner Ashby Present Commissioner Davidson Present Commissioner Forest Present Commissioner Sheridan Present Vice Chairman Stephens was not present at the start of the meeting, but came in immediately after the vote for the minutes was approved (7:01 p.m.). STAFF AND GUESTS PRESENT: Carolyn Huggins Planning & Zoning Manager Tom Rutledge Town Engineer Danny Thomas Fire Chief Jaison Stephen Jacobs Engineering Jim Wiegert Jacobs Engineering Steve Howard Lennar Homes Steve Lenart Lenart Development Company Mehrdad Moayedi Centurion Development Bill Rose Councilman CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:00 p.m. with a quorum present. Planning and Zoning Commission Page 6 of 151 Meeting Date: April 15, 2010 1 REVIEW AND APPROVE MINUTES OF THE FEBRUARY 18, 2010 PLANNING AND ZONING COMMISSION MEETING. Commissioner Forest motioned to approve the minutes for the February 18, 2010, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Ashby. Ayes: Hill, Reed, Ashby, Davidson, Forest, Sheridan Nays: None (Vice Chairman Stephens was not present for this item.) Action: 6-0, Approved Vice Chairman Stephens arrived. Chairman Hill brought Item No. 3 forward on the agenda for consideration prior to Item No. 2. 3 DISCUSSION AND RECOMMENDATION REGARDING A TEMPORARY USE TO PLACE AN ARCH BUILDING AND MOBILE HOME ON THE SOUTH PARKING LOT OF THE TROPHY CLUB COUNTRY CLUB WHILE THE EXISTING FIRE STATION IS DEMOLISHED AND A NEW FIRE STATION IS BUILT AT 295 TROPHY CLUB DRIVE. Fire Chief Danny Thomas stated that back when this project was started four years ago they contemplated where they were going to build and how they were going to build. He stated they went through several different due diligences as far as getting an offsite, to get the existing station from one site to another while they tore down the old and built the new. They needed to stay centrally located as much as possible. They looked at several different venues and a couple of properties were expensive. The Country Club offered their most south parking lot, which is their overflow for huge events, at no cost. Chief Thomas stated that they did a preliminary layout of what could be put on the site and they have a tent for equipment and a mobile home for temporary living quarters for Fire personnel. They anticipate having this need for 8 to 12 months. Ms. Huggins stated this is a special use – it is not something that would typically be allowed by a business in the Town of Trophy Club. Staff is asking for the Planning & Zoning Commission to recommend approval to the Town Council for this request because it involves public safety. A place is needed for the Fire Station apparatus and personnel to reside while the new station is being built so that EMS and Fire Safety is available to Trophy Club residents. The Country Club site is a central location. It provides good access to either side of Town. Staff recommends approval. Chairman Hill added that an exception is needed in order to allow the personnel to have temporary living quarters in a mobile home since mobile homes are prohibited in the Town. This will be a special use permit for the Municipal Utility District to put a mobile home on the site for a period of about 18 months. Planning and Zoning Commission Page 7 of 151 Meeting Date: April 15, 2010 Ms. Huggins stated that the timeframe will be while the new station is being built – whatever timeframe that will be – “we don’t believe that will be longer than 18 months”. She stated that mobile homes have been prohibited in all zoning districts except a designated “Mobile Home/Modular Home District” zoning since 2002. Chairman Hill stated that the contractor that will install the tent that will house the fire equipment apparatus will be required to submit engineered stamped plans by a State of Texas engineer during the building permit process. Ms. Huggins confirmed that engineering will be required at the building permit stage. Chief Thomas also stated that the vendor has assured him that this is a process they go through quite often as far as doing engineered plans for their tents. This will pretty much be a “garage”. Vice Chairman Stephens stated that the City will be under tremendous liability “if this thing doesn’t stand the wind that is coming. This is Texas and the wind will blow. Will the engineering stamp of approval cover us in case there is wind damage and that thing comes down and you have firemen in that facility?” Chief Thomas stated that the company had facilities up during Hurricane Ike that withstood the storm. “Nature is nature. We’ve seen a 100-year flood in this last couple of years too so it’s hard to say what Mother Nature will do.” Vice Chairman Stephens stated that he doesn’t want to see the City liable. He asked Tom Rutledge if there is recourse if there are firemen injured in some type of weather incident. What kind of liability is the Town under? Vice Chairman Stephens stated that there were all kinds of assurances about the Cowboy facility and yet “some people were very seriously injured in an extreme situation, but Texas has had extreme weather lately.” Tom Rutledge stated that this structure, like any structure whether it is a rigid structure or a temporary structure, would have to be engineered. There are engineering calculations they would have to go through to calculate the wind loads that can withstand those sustained winds in accordance with the Uniform Building Code. There are two things – the structure itself, and how the structure is secured to the ground to make sure it doesn’t blow away, and also to make sure it doesn’t collapse. It is in the documents that are part of the application that they have submitted and that is a requirement to get the building permit. Chief Thomas stated that the whole [tent] structure will be mounted to concrete. It is not going to be a personnel facility. It will be an equipment facility. The only time people will be in that facility is when truck checks are being done or they are coming out of the station on call. Commissioner Forest asked who will own this facility. Chief Thomas stated that it will belong to MUD1. Commissioner Forest asked what will happen with the facility when Planning and Zoning Commission Page 8 of 151 Meeting Date: April 15, 2010 the Fire Department no longer needs it. Chief Thomas responded that it will go on the market for sale, if marketable. Commissioner Ashby asked about the infrastructure for the tent and trailer – sewer and water. Chief Thomas stated that the sewer will be a holding tank and there will be temporary water and electrical connections. Commissioner Ashby stated that the fire trucks are big and weigh a lot. Chances are the parking lot concrete is only 4 to 5- inches thick. What is the liability for damage? Chief Thomas stated that in the contract with ClubCorp they have agreed to restoration back to the original state. Commissioner Davidson asked if the emergency lights on Trophy Club Drive will be moved. Chief Thomas stated that they are not needed. Commissioner Davidson asked if the existing lights work. Chief Thomas stated that they do not, but a new system will be put in with the new station. Commissioner Davidson asked if the mobile home will be in the grass section of the Country Club. Chief Thomas confirmed that it will be in the grass. It will be blocked and skirted. Vice Chairman Stephens asked if modifications for turning radius will be needed to come out of the Country Club parking lot onto Trophy Club Drive. Will a tree need to be removed? Chief Thomas stated that the tree will not need to be removed. He stated that they have played in that parking lot for ladder testing and hose drills and know that they can navigate the parking lot. He stated that they also have talked to Beck Properties and could make an exit to the right [through 300 Trophy Club Drive] if needed. Commissioner Ashby made a motion to recommend approval to the Town Council to allow a temporary Arch Building and temporary Mobile Home on the south parking lot of the Trophy Club Country Club while a new Fire Station is built at 295 Trophy Club Drive. The motion was seconded by Commissioner Reed. Ayes: Hill, Reed, Ashby, Davidson, Forest, Sheridan, Stephens Nays: None Action: 7-0, Approved This item will be heard by the Town Council on Monday, March 22, 2010. Chairman Hill then called for Item No. 2 on the agenda. 2 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO A REQUEST FOR PRELIMINARY PLAT APPROVAL FOR AN APPROXIMATE 46.413 ACRE TRACT OF LAND SITUATED IN THE R. ALLEN SURVEY, ABSTRACT NO. 5, TO BE KNOWN AS NEIGHBORHOOD 8 OF THE HIGHLANDS AT TROPHY CLUB. APPLICANT: JACOBS ENGINEERING GROUP INC. ON BEHALF OF LENNAR HOMES OF TEXAS. (PP-10-018) Jaison Stephen, Jacobs Engineering, came forward representing Lennar Homes, the owner and developer of the property known as Neighborhood 8. He stated that this Planning and Zoning Commission Page 9 of 151 Meeting Date: April 15, 2010 property was brought before the Commission in October 2009 for an amendment to the PD zoning. The Commission unanimously approved the zoning, which was subsequently approved by Town Council, and the current plan before the Commission meets the requirements of the PD zoning. Mr. Stephen stated that he would like to take a few minutes to answer some questions from Commissioner Sheridan that were forwarded to him by Ms. Huggins. He stated that there is a flowage easement on the east side of the property. The flowage easement will be maintained by the HOA. The majority of the flowage easement will be kept in a natural state except along the lots of Block F where the developer intends to put a mowed area that will be maintained by the HOA. Along Trophy Park Drive, as required by the PD, there is a screening wall that will generally match what is on the opposite side of Trophy Park Drive. That screening wall will be placed on the right-of-way/property line. The final plat will have a 5-ft. wall maintenance easement so that access is granted for maintenance of the screening wall – similar to the opposite side of the street where a 5-ft. wall maintenance easement exists. There is “Zone X” and “Zone AE” designated on the plat. This is a FEMA studied area. Zone X represents areas delineated on FEMA maps are outside the 500-year flood. All the lots on the property are outside the floodplain. Mr. Stephen stated they have complied with all of Staff’s comments and staff recommends approval and the applicant asks for your approval. Steve Howard, Lennar Homes, stated that they have been active in Trophy Club Highlands for a little over a year now and they have developed a neat housing product for the community. It has been well received by the Town and members of the general public. They intend to design new product to conform to the zoning of these home sites. It will be very similar to what you will see in the section closest to Byron Nelson High School with a recessed garage door set back in the home, a lot of stone, a lot of porches and masonry/stone combinations. It will be a product uniquely developed for this site. Mr. Howard stated that they will not be bringing into Trophy Club a product from somewhere else and trying to put a round peg in a square hole. They plan to keep the same high level of standards that has been presented to the public here in Trophy Club during the last year. Mehrdad Moayedi stated that they are here because they made some promises and conveyed those promises and want to make sure they live up to those promises. Chairman Hill stated that he has an item of concern. He stated that the agenda item before the Commissioners tonight is a Preliminary Plat approval request for the area known as Neighborhood 8 of the Highlands of Trophy Club, planned for 184 single family homes on Lot Type 5, requiring a minimum lot size of 5,250 square feet, typically a 50 x 105 square foot lot. His understanding is that Phase 1 will consist of 74 homes, with 110 homes proposed for Phase 2. Planning and Zoning Commission Page 10 of 151 Meeting Date: April 15, 2010 He called the Commissioners attention to the 3.5 acre gas well site known as Pad 4-H, located in Block G of Neighborhood 8. An existing masonry wall around Pad 4-H adjoins rear property lines of Lots 1, 2 and 3 such that the rear property line fence for these 3 lots already exists. The masonry wall is approximately 50 feet off the rear line of Lots 16 through 21, and there is approximately 150 feet between the masonry wall and rear property lines of Lots 27 through 32. With these spacing dimensions, the owners of lots 15 through 32 could have rear yard privacy fencing and not violate Town Regulations pertaining to parallel fences, as there would be more than 20 feet between their fences and the masonry walls of Gas Well Site 4-H. Chairman Hill stated that Section 5.12 Oil and Gas Well Drilling of the Town’s Zoning Ordinance does not allow drilling and production of oil and gas closer than 250-feet from the wellhead to the property line of a property with a residence located on it. He stated that the drilling and production offset distance is intended to protect the public safety and health of residents of the Town. Chairman Hill stated that the Commission has before it tonight a situation where a developer proposes to build homes in locations where the rear property lines of 9 or so lots are located less than 250 feet from existing producing gas wells. He stated that in his opinion the Commission would be remiss in allowing construction of homes on lots whose rear property lines would be less than 250 feet from currently existing and producing gas wells. He stated that in evaluation of the existing natural gas production facilities and some of the proposed home site lots, it is his opinion that the Commission should not approve platting of residential home lots where the rear property lines would lie within 250 feet of existing and producing gas wells. Steve Lenart, Lenart Development Company, stated that there are six well sites throughout the development of The Highlands and two already have homes that are final platted next to the well sites with identical situations to this plat. He stated that they conferred with staff to make sure there were no ordinances being broken with this layout. The drilling ordinance is for new wells that come on line. He stated that they have a relationship with Encana and that Encana is aware of this situation. They are not going to give up their rights to drill wells and they understand that the drilling wells out there are pretty much over. Mr. Lenart stated that there isn’t a way for the private property line to not abut the gas well site unless a strip of no man’s land is created to be maintained by the HOA or the Town. This neighborhood is being platted the same as Neighborhood 2 where there are 80-ft. lots and some homes have been built and sold, I believe, with the same situation that exists with this plat. The masonry wall was worked out with Encana three or four years ago and that wall provides protection and screening to the homeowners and public so they don’t see the gas well appliances. The masonry wall will provide the backyard fencing for some of the lots. Mr. Lenart stated that there are two sites that already have homes platted around them. He stated that there are no mortgage issues with that, and they believe they are 100% in compliance with State regulations. They ask for approval of this plat similar to the previously approved plats. Planning and Zoning Commission Page 11 of 151 Meeting Date: April 15, 2010 Chairman Hill stated that with the way the Oil & Gas Ordinance is written, if Encana wished to do drilling at the well site in the future, Encana would be required to have permission of all the property owners located less than 250-ft. from the wellhead. Could approving this plat be considered a ‘taking” of Encana’s rights? Mr. Lenart stated that Encana is used to dealing with these situations and he doesn’t believe they are intent on redrilling these sites. He stated that these things were taken into consideration when a surface waiver agreement was done between Encana and a previous owner that Mr. Moayedi bought the property from. Commissioner Reed added that state law says that a mineral owner cannot be prevented from recovering his minerals – that’s gas – and if you do you are subject to a lawsuit. If you lose the lawsuit, you are required to pay the full value of the minerals they have not recovered. The Town and the residents don’t want to get involved in that. Commissioner Reed stated that he and Mr. Hill collectively have about 70 years experience in the oil and gas industry. They were deeply involved in writing the ordinance to allow the gas drilling to go on and he stated that they put the 250-ft. figure in there for a specific purpose – to reduce the danger of anyone living around a gas well site. He stated that the ordinance specifically says 250-ft. and as far as he is concerned that ends it right there. Mr. Moayedi stated that the way the ordinance is written is they can’t drill. Commissioner Reed disagreed. He stated that it doesn’t allow drilling or production. He stated that there is possible danger while producing. Mr. Moayedi stated that there has been a conceptual plan for the whole site since 2006 with phases on the ground and precedents set. He stated that in other towns there is a different setback for when the drilling operation is going on versus when the drilling is done and then houses are built next to it. Commissioner Reed stated that he doesn’t know about other towns and he doesn’t know how plats were approved with houses closer than 250-ft. “I guess we just screwed up here in allowing it, but the fact remains that our ordinance says no houses closer than 250-ft. and the fact that you have some there already doesn’t mean we are going to compound the felony by approving more of them now that we’ve brought it to light.” Mr. Moayedi stated that it is not just this plat. He stated that it is going to affect him on future lots near the gas wells. He stated that they went ahead and paid for land based on the conceptual plan. He stated that as a land owner he should have the same rights as the gas well owner. “When the gas company signed a surface agreement with us the whole purpose of this thing was that they would get their drilling done before we began building houses so that there is no more drilling operation. That ordinance has always been interpreted by us in that way. I respect your time and opinions but it has always been interpreted by us, especially because we have already been through platting against other wells, that it was when new operations came in, not when homes are being built next to existing well sites. Unless they are blind, the buyers will see that Planning and Zoning Commission Page 12 of 151 Meeting Date: April 15, 2010 there is a well site sitting there and when they buy the lot they will understand they are next to a well site. There is no issue about disclosure. The damages on our side are a lot of lots. This isn’t just one subdivision. Three or four other phases will lose 40 to 50 lots that may not be as much as the minerals but we are talking about a couple of million dollars if not more. This thing was set up with a conceptual plan, with a specific number of lots and we’ve been before you over and over again and already platted a situation like this so we feel we have some rights in this matter too. Please think about our side for a minute.” Commissioner Reed stated that he appreciates that but there are two things to consider -- safety factor and all of these wells at some point in time have to be refractured. That’s not going to be possible with homes closer than 250-ft. Mr. Moayedi disagreed. He stated that it was always his understanding that while a well is being drilled a home cannot be placed closer than 250-ft. He stated that the precedent is already set with two phases already going on. He stated that this is a bigger issue than one plat. Other cities have allowed homes closer than 250-ft. if the drilling operation is over. Commissioner Reed responded that perhaps their ordinances don’t say “drilling and production”. It just doesn’t comply as far as I’m concerned. Vice Chairman Stephens asked how houses were permitted to be built within 250-ft. in light of the ordinance. Ms. Huggins responded that two plats were approved about two years ago for phases of Neighborhoods 1 and 2 and some of those lots are closer than the 250-ft. Vice Chairman Stephens asked how that got passed. Ms. Huggins responded that it did not come up in the platting stage. It was an error. She stated that she takes full responsibility for that. She stated that she did not bring it forward as an issue at the time. She stated that there are two approved plats with residential lots that have lots closer than 250-ft. Vice Chairman Stephens made a motion to table this item. He called for a second. Commissioner Ashby seconded the motion. Vice Chairman Stephens asked for Chairman Hill to call for the vote. Chairman Hill stated that not all of the Commissioners have had a chance for discussion. Commissioner Ashby stated that he thinks this needs more research. Commissioner Forest stated that he isn’t hearing what the motion is. Vice Chairman Stephens stated that the motion is to table this item until some answers can be provided to the Planning and Zoning Commission. Ms. Huggins asked for clarification – “a motion to table for what purpose”? Vice Chairman Stephens stated: “I don’t have to have a purpose but my intent is to get some legal advice about moving forward on this item on the agenda and, going back further, what kind of liability have we opened ourselves up to by allowing homes to be built by violating our ordinance. That’s a problem.” Planning and Zoning Commission Page 13 of 151 Meeting Date: April 15, 2010 Ms. Huggins stated that the two plats that were approved with homes closer than 250-ft. does not set a precedent. Ms. Huggins stated that the Planning and Zoning Commission has the responsibility of recommending approval or denial of this plat to the Town Council based on whether or not the plat meets the requirements of the Town’s zoning and subdivision regulations. In this case, the plat meets all requirements except one – the distance from the wellheads to the residential property lines. The Town Council has the authority to grant a waiver of the distance from the wellhead to the residential property line. Ms. Huggins also stated that the oil and gas company already has a Specific Use Permit for this site and the SUP entitles “reworking” of the site. Vice Chairman Stephens asked Chairman Hill to call for a vote on the motion to table. Mr. Moayedi asked for an opportunity for discussion, which was denied. Chairman Hill called for a vote and the vote was 3-3-0, with Stephens, Reed and Ashby voting for the motion and Hill, Davidson, and Forest voting against and Sheridan abstaining. Commissioner Reed withdrew his yes; Chairman Hill called for a second vote which was 3-4-0, with Stephens, Ashby and Forest voting for the motion and Hill, Reed, Davidson and Sheridan voting against the motion. Commissioner Sheridan asked everyone to be clear in their semantics, grammar and wording. Are we dealing with 250-ft. from the property line? The house? From where? Please be clear. Ms. Huggins stated that the ordinance language is “250-ft. from the wellhead to the property line of a property with a residence located on it”. Mr. Moayedi stated that he is not here to pick a fight with anyone. He asked the Commission to think about how we got to this point. “PD-27 was formulated four years ago with concept plans and a number of lots. The ordinance, to us the way it read and was interpreted, and Carolyn very graciously took the fall for it, but I don’t necessarily think it was true. This thing was always intended from the drilling operation, not housing operation. That’s the way it is in other cities, that’s the way… “ Vice Chairman Stephens interrupted to state that this is not other cities, this is Trophy Club. Mr. Moayedi stated that this development was studied for a long time and concept plans and plats have been put before this Commission and the lots around the gas wells were not missed by staff or the developer. They were platted according to the interpretation that the 250-ft. was required for drilling and drilling is not occurring on those sites. Commissioner Ashby stated that he doesn’t have any problems with the plat other than when the setbacks were set for the gas wells there was a pretty tough battle amongst “ourselves” and he’s reluctant to reduce that distance. Planning and Zoning Commission Page 14 of 151 Meeting Date: April 15, 2010 Commissioner Davidson stated that Section 5.12 leaves a loophole that the developer is taking advantage of, and could take advantage of beyond the Council’s decision too. That loophole is the ability to obtain property owner approval to rework the well. The wellsite is already there. Houses are built around it. If the homeowners agree, then that could be misinterpreted or interpreted to be a legal use of the plat presented to P&Z tonight. Mr. Moayedi stated that they do not wish to take advantage of any loopholes. He stated that they have always dealt pretty straight up with everybody here and he feels they have earned enough to say they are not trying to pick a fight with the mineral company or with Trophy Club. He stated that they made an investment in a piece of property with a certain amount of lots and they understood the ordinance to the best of their ability and thought they were way beyond this stage. He stated that it is his understanding that the oil and gas company does not need permission from surrounding homeowners to refracture the wellsite. Ms. Huggins stated that an Oil and Gas Special Use Permit allows the well to be “reworked”. She read Section 5.12, Item F. No. 2 which states: “When an Oil and Gas Well Permit has been issued covering a well, the permit shall constitute authority for drilling, operation, production, gathering of production, maintenance, repair, reworking, testing, site preparation consisting of rigs or tank batteries, plugging and abandonment, and any other activity authorized by this Ordinance associated with drilling or production by the operator and their respective employees, agents, and contractors.” Vice Chairman Stephens stated that since the ordinance requires 250-ft. from the wellhead to a residential property line then all the other stuff in the ordinance is assuming that the well is 250-ft. from the property line of the residence. Mr. Stephens stated that he feels they have been “betrayed, maybe unwittingly, by looking at what you have done in other locations and knowing that 250-ft. is required, somebody didn’t do due diligence based on this sentence in our ordinance. I am upset, to say the least, that we allowed the permitting process to go forward and homes be built closer than 250-ft. Right now this ordinance is worthless because we are letting people trample right over what we, as a City, approved. It’s an ordinance on the books. Enough said.” Commissioner Reed stated the Town Council can approve an exception to this ordinance, but “as a P&Z Commissioner, I cannot approve this because it is not in accordance with our ordinance. So, we can recommend denial to the Town Council, but they have the authority to override the denial and give you an exception.” Steve Lenart stated that Lennar Homes is the current owner of all of the lots and would give the gas well site owner permission, if necessary. Commissioner Reed stated that it doesn’t matter. As a P&Z Commissioner he would still recommend denial. Mr. Moayedi asked Vice Chairman Stephens if has was referring to “us” betraying you? Planning and Zoning Commission Page 15 of 151 Meeting Date: April 15, 2010 Vice Chairman Stephens responded, “Yes, because we assumed that you would abide by our ordinance.” The ordinance requires 250-ft. “I assume that your legal team did their due diligence and they had to have read that sentence and yet we just keep right on platting and drawing houses and streets that will have houses on them that are less than 250-ft. from the wellhead to the property line. I feel that we are trying to be bowled over. Until we can get legal advice and a procedure as to how they can go on to the City Council, as a Planning and Zoning Commissioner I cannot vote to send this to the City Council because it is in direct violation of a City ordinance.” Chairman Hill stated that the Planning and Zoning Commission can recommend denial and the matter will go on to the Council and the Council can make their own decision. Mr. Moayedi stated that he takes it personally that the comment was made that we came in and tricked you. Vice Chairman Stephens responded that he takes it personally that the 250-ft. requirement in the ordinance was ignored. Mr. Moayedi stated that their interpretation was always that it was applicable during the drilling operation only. Vice Chairman Stephens stated that the word “production” is there. Ms. Huggins stated that many cities have struggled with the terminology of gas well drilling. Most cities consider “drilling” to be when a rig is there and the lights are on and there is lots of activity, noise and truck traffic. Once the activity part is past and it is just a producing well, it is no longer considered a drilling and production site. Other cities in the last several years have begun to allow homes to be built closer to well sites. Ms. Huggins stated that the oil and gas ordinance was created by quite a few of the present P&Z members and approved by the Council prior to PD-27 being approved. When PD- 27 was approved there was a concept plan and that plan showed homes right next to the wellsites in Neighborhoods 1-9. It was not questioned then. Two plats were approved with homes closer than 250-ft. This issue did not come up with those plats and Ms. Huggins stated that she takes responsibility for that because she did not bring it up as an issue, one of the reasons being that it was on the concept plan. The gas well ordinance was already in existence and no one questioned it until this plat came along and Ms. Huggins stated she was now more familiar with the ordinances and began asking some questions. She stated that she immediately brought it up to the applicant and his response was, “This has been in existence for a long time, it hasn’t been an issue before; why would it be now?” Ms. Huggins stated that the Planning and Zoning Commission can recommend approval or denial to the Town Council and the Town Council can make a decision as to whether or not to allow homes closer than 250-ft. Ms. Huggins stated that she believes it is safe and that anyone buying these homes will know that they are purchasing a lot next to a gas well. Planning and Zoning Commission Page 16 of 151 Meeting Date: April 15, 2010 Mr. Moayedi asked if there is something they can do to make the Commissioners more comfortable with passing this preliminary plat? Is there a document they can have the homeowner sign? Vice Chairman Stephens stated that he cannot and will not violate the law of the Town which is Section 5.12. Commissioner Sheridan stated that he can’t believe he missed 250-ft. on previous plats. Commissioner Reed responded, “I guess you did.” Commissioner Sheridan stated that perhaps he missed it on the previous plats because there might have been 250-ft. from the wellhead to the house [versus property line]. He has a question regarding legal opinion. “Are we in conflict? What is the law? Which takes precedent? It seems there are three different things that conflict within an SUP and the ordinance. Is there precedent based on which is last?” He stated that if this were postponed to try to answer some of these questions, would that change his vote – positive or negative – or anybody’s vote here positive or negative. He would like to see what was passed. He wants to see the plats. He would like a legal opinion on the ordinance versus the SUP. He stated that he will look at Fort Worth and other cities ordinances, but he wonders even if all that is done, would that change anyone’s opinion or vote tonight. “If it’s not going to change the vote, then let’s vote it down and let the Town Council handle it. If more information, better information, with better detail and a legal opinion…” Commissioner Reed stated that people are going to interpret things differently, no doubt. He stated, “Mr. Hill and I were predominantly the authors of this ordinance and I can assure you when we picked 250-ft. it had to do with drilling for gas and it had to do with production of gas.” Mr. Moayedi asked if there would be any value in having a worksession with an attorney present? Vice Chairman Stephens responded, “No Sir.” He stated, “Chairman Hill I believe the best way for them to move forward is to go before the Town Council. I move we deny applicant’s request made before us tonight.” Commissioner Reed seconded the motion. Commissioner Forest asked to make a comment. He stated: “There are too many unknowns and we are not getting the answers they need and someone legally needs to get involved in this. “It’s not right for the developer to be told that what they’ve been doing is correct and then turn around and get to one point and they can’t do anything else with it. I don’t think that’s right to the developer. Someplace it should have been stopped prior to getting here. At this point it is not our decision to make anyway. It should go to the Council.” Chairman Hill restated the voting options available to the Planning & Zoning Commission. Planning and Zoning Commission Page 17 of 151 Meeting Date: April 15, 2010 Commissioner Reed: “I don’t see how we can do our job and follow the guidelines of what we are supposed to be doing to recommend approval of something that is not in agreement with our ordinance. Only the Town Council has the authority to approve something that is different than our ordinance. P&Z doesn’t have that authority.” Chairman Hill called for a vote. Vice Chairman Stephens made a motion recommending denial of the Preliminary Plat for Neighborhood 8. Commissioner Reed seconded the motion. Ayes: Hill, Reed, Ashby, Davidson, Forest, Sheridan, Stephens Nays: None Action: 7-0, Denied The Town Council will hear this item on March 22, 2010. ADJOURNMENT Chairman Hill adjourned the meeting at 8:10 p.m. Planning and Zoning Commission Page 18 of 151 Meeting Date: April 15, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-201-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/1/2010 Planning & Zoning Commission On agenda:Final action:4/15/2010 Title:Public Hearing to Consider a Request for a Zoning Change from "PD-27" (Planned Development No. 27) to "CR" (Commercial Recreation) for Northwest Park, located just north of the Community Pool/Recreation Center property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) Attachments:Staff Report -P&Z NW Park.pdf Application.pdf Property Owner Notification.pdf Newspaper - Public Hearing.pdf Concept Plan.pdf ZONING EXHIBIT P&Z.pdf Action ByDate Action ResultVer. Planning and Zoning Commission Page 19 of 151 Meeting Date: April 15, 2010 12010-201-T Version:File #: Title Public Hearing to Consider a Request for a Zoning Change from "PD-27" (Planned Development No. 27) to "CR" (Commercial Recreation) for Northwest Park, located just north of the Community Pool/Recreation Center property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) Planning and Zoning Commission Page 20 of 151 Meeting Date: April 15, 2010 PLANNING AND ZONING COMMISSION MEMORANDUM April 15, 2010 SUBJECT: Public Hearing to Consider a Request for a Zoning Change from “PD-27” Planned Development No. 27 to “CR” Commercial Recreation for Northwest Park, located just north of the Community Pool property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) APPLICANT/OWNER: Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 EXISTING CONDITION OF THE PROPERTY: Unplatted, vacant land. EXISTING ZONING OF THE PROPERTY: PD-27 (Planned Development No. 27). This property fulfilled part of the parkland dedication requirement for PD-27. ADJACENT ZONING LAND USES: North: Byron Nelson High School South: Trophy Club Recreation Center and Neighborhood 9 of The Highlands at Trophy Club East: PD-27, Village Center, Tract 2, Lot 1 (owned by Centurion Acquisitions) and PD-27 Tract 2, Lot 2 (owned by a church) West: Medlin Middle School and PD-27, Village Center, Tract 1, Lot 1 STAFF COMMENTS PURPOSE: Northwest Park is currently vacant, undeveloped land, which will be developed into a recreational complex with buildings, ball fields and parking. Northwest Park lies just to the north of the existing community pool property. The Town of Trophy Club plans to develop Northwest Park in conjunction with improvements to the community pool site. In the near future, the town will bring forward a request to plat Planning and Zoning Commission Page 21 of 151 Meeting Date: April 15, 2010 Northwest Park and the community pool site into one lot in order to develop the entire site as one project. The community pool site is zoned “CR” (Commercial Recreation). The Northwest Park site is zoned “PD-27” (Planned Development No. 27). In order to develop the two sites together as one lot/project, the zoning for the two sites must match – different zoning designations are not allowed on the same lot. Therefore, this request is to rezone Northwest Park from “PD-27” to “CR” so that the two sites will have the same zoning designation for future platting and development. Later this year, the Parks and Recreation Department will be bringing forward a site plan approval for Northwest Park to the Planning and Zoning Commission and Town Council. DISTRICT REGULATIONS: The purpose of the Commercial Recreation District is to accommodate and allow development of recreation areas compatible with recreational use. A concept plan of Northwest Park is included with this packet, showing the entire development of the park and pool areas for recreational use. The “CR” zoning designation is a better fit than PD-27 for park development as the majority of PD-27 was created for the development of residential use. PUBLIC HEARING: As required by ordinance, a notice of public hearing was published in the local newspaper and property owners within 200-ft. of Northwest Park were notified of this request. Copies of the notices are attached. (ch) Attachments: 1) Application 2) Property Owner Notification 3) Public Hearing Notice – Newspaper 4) Concept Plan – Northwest Park and Community Pool Property 5) Zoning Exhibit – Hard Copy 24x36 Planning and Zoning Commission Page 22 of 151 Meeting Date: April 15, 2010 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 2 3 o f 1 5 1 M e e t i n g D a t e : A p r i l 1 5 , 2 0 1 0 NOTICE OF PUBLIC HEARING Planning and Zoning Commission Thursday, April 15, 2010 Town Council Monday, April 26, 2010 TIME OF PUBLIC HEARING: 7:00 p.m. PLACE OF PUBLIC HEARING: Svore MUD Building–Boardroom (Council Chambers) 100 Municipal Drive Trophy Club, Texas 76262 ZONING CHANGE REQUEST Location of Property: 12.90 acres of land known as “Northwest Park” located just north of the Community Pool on Parkview Dr. Explanation of Request: The Town of Trophy Club plans to develop Northwest Park in conjunction with improvements to the Community Pool site. In the near future, the Town will bring forward a request to plat Northwest Park and the Community Pool site into one lot in order to develop the entire site as one project. The Community Pool site is zoned “CR” (Commercial Recreation). The Northwest Park site is zoned “PD-27” (Planned Development No. 27). In order to development the two sites together as one lot/project, the zoning for the two sites must match -- different zoning designations are not allowed. Therefore, this request is to rezone Northwest Park from “PD-27” to “CR” so that the two sites will have the same zoning designation for future platting and development. To Surrounding Land Owners: Property owners in the Town of Trophy Club within 200-ft. (two hundred feet) of the subject property receive written notification of this request. All interested property owners are encouraged to attend these hearings. Persons wishing their opinion to be part of the record, but are unable to attend may send a written reply prior to the date of the hearing to: Town of Trophy Club Attn: Carolyn Huggins Planning & Zoning Department 100 Municipal Drive Trophy Club, TX 76262 Or send an email to: chuggins@ci.trophyclub.tx.us Planning and Zoning Commission Page 24 of 151 Meeting Date: April 15, 2010 No t i f i c a t i o n A r e a f o r No r t h w e s t P a r k R e z o n i n g R e q u e s t Pl a n n i n g an d Zo n i n g Co m m i s s i o n Pa g e 25 of 15 1 Meeting Date: April 15, 2010 BDMR Development LLC 3901 Airport Freeway, Suite 200 Bedford, TX 76021-6117 Northwest I.S.D. P.O. Box 77070 Ft. Worth, TX 76177-0070 Drees Custom Homes LP 6225 N. State Hwy 161, Suite 400 Irving, TX 75038-2225 Centurion Acquisitions 1221 N. Interstate 35E #200 Carrollton, TX 75006-3806 Mr. & Mrs. Jaraczewski 2417 Lilyfield Dr. Trophy Club, TX 76262 Mr. & Mrs. Jones 2413 Lilyfield Dr. Trophy Club, TX 76262 Mr. & Mrs. Thiltgen 2411 Lilyfield Dr. Trophy Club, TX 76262 Planning and Zoning Commission Page 26 of 151 Meeting Date: April 15, 2010 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: March 29, 2010 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: March 31, 2010 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, April 15, 2010 TOWN COUNCIL Monday, April 26, 2010 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, April 15, 2010, to consider rezoning an approximately 12.90 acre tract of land from its current zoning of “PD-27” Planned Development No. 27 to “CR” Commercial Recreation; amending Chapter 13-Zoning Ordinance by amending the Official Zoning Map of the Town of Trophy Club, the same being Ordinance No. 2000-06 P&Z; and amending Ordinance No. 2007-15 P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club; and other miscellaneous changes to the Zoning Ordinance or PD-27 as related to this request as deemed necessary. The Town Council will hear the above item on April 26, 2010, in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m. Planning and Zoning Commission Page 27 of 151 Meeting Date: April 15, 2010 Planning and Zoning Commission Page 28 of 151 Meeting Date: April 15, 2010 Planning and Zoning Commission Page 29 of 151 Meeting Date: April 15, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-209-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/8/2010 Planning & Zoning Commission On agenda:Final action:4/15/2010 Title:Public Hearing to consider changes to the Town of Trophy Club Code of Ordinances, Chapter 13- Zoning, Article V-Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling and Production, affecting the setback from an existing wellhead to a habitable structure. (ADM-10-006) Attachments:Staff Report - Gas Wells.pdf Ordinance Revision April 2010.pdf Gas Well Sites - Highlands.pdf 091009 Highlands Concept Plan.pdf 2003 Int'l Fire Code - Well drilling and operating.pdf Public Hearing - Newspaper.pdf Action ByDate Action ResultVer. Planning and Zoning Commission Page 30 of 151 Meeting Date: April 15, 2010 12010-209-T Version:File #: Title Public Hearing to consider changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V- Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling and Production, affecting the setback from an existing wellhead to a habitable structure. (ADM-10-006) Planning and Zoning Commission Page 31 of 151 Meeting Date: April 15, 2010 PLANNING AND ZONING COMMISSION MEMORANDUM April 15, 2010 SUBJECT: Public Hearing to Consider changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V- Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling & Production, affecting the setback from an existing well to a habitable structure. (ADM-10-006) PURPOSE: To amend Section 5.12 “Oil and Gas Well Drilling and Production” to allow habitable structures to be built 200-ft. from an existing well. STAFF COMMENTS: The Highlands Developer met with the Mayor, Planning and Zoning Chairman, and Town Manager to request a change to the Oil and Gas Well Drilling & Production Ordinance. The request is for the following changes to Section 5.12 Oil and Gas Well Drilling & Production: B. Definitions Add a definition for “Habitable Structure”, “Producing Well”, and “Wellhead”. Habitable Structure: Structures suitable for human habitation or occupation. A habitable structure shall not include accessory buildings, garages and sheds. Any structure for which a certificate of occupancy is required shall be deemed to be a habitable structure. Producing Well: Gas is produced from the well, but the rig used to drill and complete the well has moved off the well and the top of the well is outfitted with a wellhead. Wellhead: A fitting (usually forged or cast steel) on the top of a well. C. Oil and Gas Well Drilling and Production “By Specific Use Permit” (SUP) Add the following: 4. A habitable structure shall be built a minimum of 200-ft. from an existing well only if the well is no longer being drilled but has been fitted with a wellhead and is a “Producing Well” only. Planning and Zoning Commission Page 32 of 151 Meeting Date: April 15, 2010 A copy of Section 3406.3 “Well drilling and operating” from the 2003 International Fire Code is attached for reference. In addition, Staff asks that any plats brought forward containing lots surrounding gas wells that the following notes shall be required on the plat: 1. A habitable structure shall be built a minimum of 200-ft. from an existing well only if the well is no longer being drilled but has been fitted with a wellhead and is a “Producing Well” only. 2. Any builder requesting a building permit for a lot in close proximity to a gas well is required to submit a survey verifying the distance from the nearest wellhead to the nearest point of the habitable structure. HISTORY/BACKGROUND: 2003 Oil and Gas Well Drilling & Production Ordinance created/approved. 2006 PD-27 created/approved with concept plan January 7, 2008  Neighborhood 1, Phase 1C-2 approved with 10 lots platted adjacent to gas well site 2H. Six lots are closer than 250-ft. from wellhead to residential property line. (No homes currently built on these lots.) (Copy of plat attached)  Neighborhood 2, Phase 1B approved with 11 lots platted adjacent to gas well site 8H. Eight lots are closer than 250-ft. from wellhead to residential property line. (Two homes have been built on these lots.) (Copy of plat attached) November 2009 Council approves a rezoning and conceptual plan of Neighborhood 8 from townhomes to single family homes. February 2010 Neighborhood 8 Preliminary Plat brought before P&Z with 17 lots adjacent to gas well site 4H. Nine lots are closer than 250-ft. from wellhead to residential property line. P&Z recommends denial. Applicant asks to postpone taking the plat to Council. Remaining Well Sites/Lots to be platted (per concept plan – December 2006): Well 2H, Neighborhood 1: approximately 10 lots Well 3H, Neighborhood 7: approximately 12 lots Well 7H, Neighborhood 6: approximately 6 lots Well 15H, Neighborhood 7: approximately 3 lots There are six gas well sites in The Highlands; all six are producing wells and combined produce 2-2.5 mcf (million cubic feet) per day. Planning and Zoning Commission Page 33 of 151 Meeting Date: April 15, 2010 SUMMARY: The request is as follows: Add to the gas well ordinance: A habitable structure shall be built a minimum of 200-ft. from an existing well only if the well is no longer being drilled but has been fitted with a wellhead and is a “Producing Well” only. Add to the gas well ordinance: Definitions for “Habitable Structure”, “Producing Well”, “Wellhead”. Add a requirement that the plat include the following notes: 1. A habitable structure shall be built a minimum of 200-ft. from an existing well only if the well is no longer being drilled but has been fitted with a wellhead and is a “Producing Well” only. 2. Any builder requesting a building permit for a lot in close proximity to a gas well is required to submit a survey verifying the distance from the nearest wellhead to the nearest point of the habitable structure. PUBLIC HEARING: A notice of public hearing must be published in the local newspaper fifteen (15) days prior to a hearing for a text amendment. A notification was placed in the newspaper as required. Hearing Date: April 15, 2010. Publication Date: March 31, 2010. Attachment: Ordinance - Section 5.12 Oil and Gas Well Drilling & Production Gas Well Sites – Highlands Exhibit Highlands (PD-27) Concept Plan – Updated 2009 2003 International Fire Code, Section 3406.3 Public Hearing Notice Hardcopies: Neighborhood 1 – Phase 1C-2 Plat (Page 2 of 4) With attached illustration of distance from wellhead to property line for lots (Lots 10-19, Block G) adjacent to Well 2H Neighborhood 2 – Phase 1B Plat (Page 1 of 3) With attached illustration of distance from wellhead to property line for lots (Lots 10-19, Block G) adjacent to Well 2H Planning and Zoning Commission Page 34 of 151 Meeting Date: April 15, 2010 Section 5.12 Oil and Gas Well Drilling & Production A. Purpose The exploration, development and production of oil or gas in the Town is an activity which necessitates reasonable regulation to ensure that all property owners, mineral and otherwise, have the right to peaceably enjoy their property and its benefits and revenues. It is hereby declared to be the purpose of this article to establish reasonable and uniform limitations, safeguards and regulations for present and future operations related to the exploring, drilling, developing, producing, transporting and storing of oil or gas and other substances produced in association with oil or gas within the Town to protect the health, safety and general welfare of the public, minimize the potential impact to property and mineral rights owners, protect the quality of the environment and encourage the orderly production of available mineral resources. B. Definitions All technical industry words or phrases related to the drilling and production of oil and gas wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the oil and gas industry. For the purposes of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Abandonment: “Abandonment” as defined by the Railroad Commission and includes the plugging of the well and restoration of the drill site as required by this Ordinance. Applicant/Permittee: A person to whom a permit or certificate for the drilling, operation and production of a well, or the installation or operation of a pipeline, is issued under this Ordinance, including, but not limited to, his or her heirs, legal representatives, successors or assigns. Drill Site: The area used for drilling, completing, or re-working a well. Drilling: Any digging or boring of a new well to develop or produce oil or gas or to inject gas, water, or any other fluid or substance into the earth. Drilling means and includes the re-entry of an abandoned well. Drilling does not mean or include the re-entry of a well that has not been abandoned. Exploration: Geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons. Fire Code: The Fire Code adopted by the Town of Trophy Club, as amended. Gas: Gas or natural gas, as such terms are used in the rules, regulations, or forms of the Railroad Commission. Gas Well: Any well drilled for the production of gas or classified as a gas well under the Texas Natural Resources Code or the Railroad Commission. Gas Well Permit: A Gas Well Permit applied for and issued or denied under this Ordinance authorizing the drilling, production, and operation of one or more gas wells. Gathering Station: Specific Use site where the gathering lines for all the wells converge. Planning and Zoning Commission Page 35 of 151 Meeting Date: April 15, 2010 Habitable Structure: Structures suitable for human habitation or occupation. A habitable structure shall not include accessory buildings, garages and sheds. Any structure for which a certificate of occupancy is required shall be deemed to be a habitable structure. Hazardous Materials Management Plan: The hazardous materials management plan and hazardous materials inventory statements required by the Fire Code. New Well: A new well bore or new hole established at the ground surface and shall not include the re-working of an existing well that has not been abandoned unless the rework intends to drill to a deeper total depth, which shall require a new well permit. Oil: Oil, as such terms are used in the rules, regulations, or forms of the Railroad Commission. Oil & Gas Well Manual: Adopted by Town Council of the Town of Trophy Club, Texas. Oil Well: Any well drilled for the production of oil or classified as an oil well under the Texas Natural Resources Code or the Railroad Commission. Oil Well Permit: An Oil Well Permit applied for and issued or denied under this Ordinance authorizing the drilling, production, and operation of one or more oil wells. Operation Site: The area used for development and production and all related operational activities of oil and gas after drilling activities are complete. Operator: For each well, the person listed on the Railroad Commission Form W-1 or Form P-4 for an oil or gas well. Person: Includes both the singular and plural and means an individual person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, and a fiduciary or representative of any kind. Petroleum Specialist: A person familiar with and educated in the oil and gas industry who has been retained by the Town. Pipeline Easement Map: A map indicating all gathering line easements. The easements must be located separately from the utility easements. Producing Well: Gas is produced from the well, but the rig used to drill and complete the well has moved off the well and the top of the well is outfitted with a wellhead. Railroad Commission: The Railroad Commission of Texas. Structure: Any building intended for shelter, occupancy, housing or enclosure for persons, animals, cattle or storage. Town: The Town of Trophy Club, Texas. Town Designee: Qualified oil and gas consultant as determined by the Town Manager. Town Staff: Employees and independent contractors performing services for the Town of Trophy Club, including but not limited to the Fire Marshall. Planning and Zoning Commission Page 36 of 151 Meeting Date: April 15, 2010 Well: A hole or bore to any horizon, formation, or strata for the purpose of producing oil, gas, or other liquid hydrocarbons. Wellhead: A fitting (usually forged or cast steel) on the top of a well. C. Oil and Gas Well Drilling and Production “By Specific Use Permit (SUP)” 1. The drilling and production of oil and gas within the corporate limits of the Town shall be permitted by Specific Use Permit provided that the property line of any residential structure or public building, institution or school is a minimum of one-thousand feet (1,000’) from the wellhead and provided that the drilling and production of oil or gas meets the following requirements: a. All applicable standards set forth in this Ordinance and the Oil & Gas Well Manual, Standards for Oil and Gas Well Drilling and Production; b. An approved Oil and Gas Well Development Site Plan and a Road Repair Agreement are on file with the Town; and c. An Oil or Gas Well Permit has been issued by the Town. 2. The drilling and production of oil and gas within the corporate limits of the Town shall be permitted by Specific Use Permit as close as two hundred fifty feet (250’) from the wellhead to the property line of a property with a residence located on it if all property owners agree in writing and provided that the drilling and production of oil or gas meets the requirements of this Ordinance and a Specific Use Permit. 3. Upon request of a property owner, operator, or other applicant for SUP (collectively referred to herein as “Applicant”), the Town Council, upon recommendation by the Planning and Zoning Commission, shall hear and shall seriously and fairly consider a request for a waiver from the requirement for a one-thousand foot (1,000’) setback specified in subparagraph 1 of this Section. A waiver may be authorized and will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the setback requirement will result in unnecessary hardship, including a substantial economic hardship; or the setback requirement would prevent an Applicant from accessing his/her mineral interest. Applicant may make such request for waiver as a part of his/her SUP application. 4. A habitable structure may be built a minimum of 200-ft. from an existing well if the well is no longer being drilled but has been fitted with a wellhead for production only of gas. D. Specific Use Permit Application Requirements 1. No person, acting for himself or acting as an agent, employee, independent contractor, or servant for any person, shall engage in drilling or production of an oil or gas well within the corporate limits of the Town without first obtaining a Specific Use Permit. 2. An application for a Specific Use Permit for the drilling and production of an oil or gas well shall be filed by the person having legal authority. That person is presumed to be the record owner, mineral owner, or the duly authorized agent of either the record owner or the mineral owner. The applicant shall submit information evidencing his/her authority to file an application with the Town. 3. All applications to be considered for Oil and Gas Drilling and Production under these Planning and Zoning Commission Page 37 of 151 Meeting Date: April 15, 2010 regulations shall be submitted to the Town Planning & Zoning Coordinator, along with a completed application and fees, and must be in accordance with all Ordinance requirements. An application for Specific Use Permit may be submitted but shall not be considered as being filed with the Town until it has been determined to be administratively complete. An application for approval shall be considered administratively complete when Town staff determines that it meets all requirements of applicable Town Ordinances so that it may be reviewed by the Planning and Zoning Commission, has been placed on the agenda for the Commission, and the agenda has been posted as required by law. An incomplete application shall not be considered "filed" with the Town as defined in this Ordinance, but shall be returned to the applicant for completion and re-submittal. E. Recommendations for Specific Use Permits 1. The Planning & Zoning Coordinator shall forward all applications for Specific Use Permits to the Planning & Zoning Commission for review. An application may be submitted but shall not be considered as being filed with the Town until it has been determined to be administratively complete. The Planning & Zoning Commission shall review each application within thirty (30) days after filing and shall make recommendations regarding the applications to the Town Council. A copy of all recommendations shall be provided to the operator. The Planning & Zoning Commission may make recommendations regarding any aspect of the proposed oil or gas well development including, but not limited to, recommendations with respect to the standards set forth in this Ordinance. 2. In connection with its review of an application for a Specific Use Permit for the drilling and production of gas wells, the Planning & Zoning Commission may determine that it is necessary to hire a petroleum specialist to assist the Commission in reviewing the application. If such a determination is made, the Planning & Zoning Commission will provide the operator a written “scope of work” that the Commission proposes for such specialist. The Planning & Zoning Commission and the operator will attempt to agree upon the “scope of work”; however, the decision of the Commission shall control. If required by the specialist, the operator will provide a retainer; otherwise, the operator will pay for the services of the specialist after they are rendered. All work performed by the specialist shall be itemized on a daily basis (including a description of the work and the amount of time spent), and such itemization shall be provided to the operator with each request for payment. 3. The Planning & Zoning Commission has the authority to establish guidelines to use in making recommendations for a Specific Use Permit. Guidelines shall be placed in the Oil and Gas Well Manual. 4. A public hearing shall be conducted for all applications for SUP pursuant to Section 6.02 of the Town’s Comprehensive Zoning Ordinance. Notice thereof shall be given in the manner and form required for amendments as set out in Section 8.06 of the Comprehensive Zoning Ordinance, entitled Amendments, and as required by State law; provided however, that notice of such public hearing shall be given to each owner, as indicated by the most recently approved municipal tax roll, of real property within five hundred feet (500’) of the property line or one-thousand feet (1,000’) from the wellhead, upon which an SUP application for oil and / or gas well drilling and production is being considered. If, because of the location of the proposed well site, the application of the notice requirements herein would result in notice being sent only to a sparsely populated area, including, but not limited to only a portion of a subdivision, the Town Manager may, at her discretion require additional notice at the applicant’s expense. F. Oil and Gas Well Permit Required 1. Any person, acting for himself or acting as an agent, employee, independent contractor, or Planning and Zoning Commission Page 38 of 151 Meeting Date: April 15, 2010 servant for any person, shall not engage in the drilling and production of oil or gas wells within the corporate limits of the Town without first obtaining an Oil and Gas Well Permit issued under this Ordinance. An operator may apply for and obtain separate permits covering each well or a “blanket” permit covering multiple wells within a Specific Use Permit. 2 When an Oil and Gas Well Permit has been issued covering a well, the permit shall constitute authority for drilling, operation, production, gathering of production, maintenance, repair, re- working, testing, site preparation consisting of rigs or tank batteries, plugging and abandonment, and any other activity authorized by this Ordinance associated with drilling or production by the operator and their respective employees, agents, and contractors. An Oil and Gas Well Permit shall also constitute authority for the construction and use of all facilities reasonably necessary or convenient in connection therewith, including gathering lines and discharge lines, by the operator and its respective employees, agents, contractors and subcontractors. 3 An Exploration Permit shall be required for exploration for oil or gas. Exploration for oil or gas means geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons. 4. An Oil and Gas Well Permit shall not, however, constitute authority for the re-entering and drilling of an abandoned well. Re-entry and drilling of an abandoned well shall require a new Oil and Gas Well Permit. 5. Applications For Oil and Gas Well Permits Shall Be In Accordance With The Following: a. Shall be submitted in writing, on forms provided by the Town. d. Shall include a copy of the applicable Pipeline Easement Map indicating the gathering station site. c Shall be signed by the operator. d. Shall include the information required by the Oil and Gas Well Manual unless such information has been previously provided to the Town. G. Review of Applications for Oil and Gas Well Permit 1. All applications for Oil and Gas Well Permits shall be filed with the Planning & Zoning Coordinator who shall immediately forward all applications to the Town Designee for review. Incomplete applications shall be returned to the applicant, in which case the Town shall provide a written explanation of the deficiencies if requested by the applicant. The Town shall retain a processing fee determined by the Town’s Fee Schedule, adopted by Ordinance. The Town may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. 2. The Town Designee shall review each application within thirty (30) days after filing and shall determine whether the application includes all of the information required by this Ordinance, whether the application is in conformance with the applicable Oil and Gas Well Development Site Plan, the applicable Specific Use Permit, and whether the application is in conformance with the insurance and security requirements set forth in this Ordinance. The Town Designee shall forward a written report regarding its determination to the operator. 3. The Town Designee shall review the application and the written report of the Fire Marshall and shall issue the Oil and Gas Well Permit within ten (10) days after receiving the Fire Marshall’s report unless it is determined that the application is incomplete or that the application is not in Planning and Zoning Commission Page 39 of 151 Meeting Date: April 15, 2010 conformance with the applicable Development Site Plan and applicable Specific Use Permit. The Town Designee may employ a technical advisor. 4. The Town Designee may condition the release of the approved Oil and Gas Well Permit upon the operator providing the security required by this Ordinance and upon the operator entering into a Road Repair Agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator’s employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the approved Oil and Gas Well Permit. 5. The failure of the Town Designee to review and issue an Oil and Gas Well Permit within the time limits specified above shall not cause the application for the permit to be deemed approved. 6. Each Oil and Gas Well Permit issued by the Town shall: a. Identify the name of each well and its operator; b Specify the date on which the Town issued each permit; c. Specify the date by which drilling must commence on at least one (1) well covered by the permit, otherwise the permit expires (such date shall not be less than one [1] year after the date of issuance. A one (1) year extension of time may be granted if existing conditions are the same; d. Specify that if drilling is commenced on at least one (1) well covered by the permit before the permit expires, the permit shall continue until the wells covered by the permit are abandoned and the site(s) restored; e. Incorporate, by reference, the insurance and security requirements set forth in this Ordinance; f. Incorporate, by reference, the requirement for periodic reports and for Notice of Activities set forth in this Ordinance; g. Incorporate the full text of the release of liability provisions set forth in this Ordinance; h. Incorporate, by reference, the conditions of the applicable Development Site Plan and applicable Specific Use Permit; i. Incorporate, by reference, the information contained in the permit application; j. Incorporate, by reference, the applicable rules and regulations of the Railroad Commission, including the applicable “field rules”; k. Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has provided the security required by this Ordinance; l. Contain the name, address, and phone number of the person designated to receive notices from the Town, which person must be a resident of Texas, that can be served in person or by registered or certified mail; and m. Incorporate by reference all permits and fees required by the Town. Planning and Zoning Commission Page 40 of 151 Meeting Date: April 15, 2010 n. The decision of the Town Designee to deny an application for an Oil and Gas Well Permit shall be provided to the operator in writing within ten (10) days after the decision, including an explanation of the basis for the decision, if requested by the operator. The operator may appeal any such denial to the Town Council. o. If the Town denies an application for an Oil and Gas Well Permit, nothing herein contained shall prevent a new permit application from being submitted to the Town for the same well. H. Insurance and Indemnification: The operator shall provide or cause to be provided the insurance described below for each well for which an Oil and Gas Well Permit is issued, such insurance to continue until the well is abandoned and the site restored. The operator may provide the required coverage on a “blanket basis for multiple wells”. The operator shall provide an affidavit from the operator’s insurance company certifying that the insurance provided complies with the requirements of this Ordinance. 1. General Requirements: Indemnification and Express Negligence Provisions: a. Each Oil and Gas Well Permit issued by the Town shall include the following language: Operator does hereby expressly release and discharge all claims, demands, actions, judgments, and executions which it ever had, or now has or may have, or assigns may have, or claim to have, against the Town of Trophy Club and/or its departments, its agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under an Oil and Gas Well Permit and the operator caused by or arising out of, that sequence of events which occur from the operator under the Oil and Gas Well Permit and work performed by the operator shall fully defend, protect, indemnify, and hold harmless the Town of Trophy Club, Texas, and/or its departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the Town of Trophy Club, Texas, and/or its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by Operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the Operator under an Oil and Gas Well Permit, and the Operator agrees to indemnify and hold harmless the Town of Trophy Club, Texas, and/or its departments, and/or its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the Town and/or, its departments, it's officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the Town of Trophy Club, occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE TOWN OF TROPHY CLUB OCCURRING ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE OIL AND GAS WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE TOWN OF TROPHY CLUB, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE TOWN OF TROPHY CLUB, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR Planning and Zoning Commission Page 41 of 151 Meeting Date: April 15, 2010 CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE TOWN IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT. b. All policies shall be endorsed to read "This policy will not be cancelled or non-renewed without thirty (30) days advanced written notice to the owner and the Town except when this policy is being cancelled for nonpayment of premium, in which case ten (10) days advance written notice is required". c. Liability policies shall be written by carriers licensed to do business in Texas and with companies with A: VIII or better rating in accordance with the current Best Key Rating Guide, or with non-admitted carriers that have a financial rating comparable to carriers licensed to do business in Texas, and approved by the Town. d. Liability policies shall name as "Additional Insured" the Town and its officials, agents, employees, and volunteers. Waivers of subrogation shall be provided in favor of the Town. e. Certificates of insurance must be presented to the Town evidencing all coverage’s and endorsements required by this Ordinance, and the acceptance of a certificate without the required limits and/or coverage’s shall not be deemed a waiver of these requirements. f. Claims made policies will not be accepted except for excess policies or unless otherwise provided by this Ordinance. 2. Required Insurance Coverage: a. Commercial General Liability Insurance: i. Coverage should be a minimum Combined Single Limit of One Million Dollars ($1,000,000) per occurrence for Bodily Injury and Property Damage. This coverage must include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground property damage, broad form property damage, independent contractors protective liability and personal injury. ii. Environmental Impairment (or Seepage and Pollution) shall be either included in the coverage or written as separate coverage. Such coverage shall not exclude damage to the lease site. If Environmental Impairment (or Seepage and Pollution) Coverage is written on a “claims made” basis, the policy must provide that any retroactive date applicable precedes the effective date of the issuance of the permit. Coverage shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. Coverage shall be a minimum combined single limit of One Million Dollars ($1,000,000.00), per occurrence. b. Automobile Liability Insurance: Minimum Combined Single Limit of Five Hundred Thousand Dollars ($500,000) per occurrence for Bodily Injury and Property Damage. Such coverage shall include owned, non-owned, and hired vehicles. c. Worker's Compensation Insurance: In addition to the minimum statutory requirements, coverage shall include Employer's Liability limits of at least One Hundred Thousand Dollars ($100,000) for each accident, One Hundred Thousand Dollars ($100,000) for Planning and Zoning Commission Page 42 of 151 Meeting Date: April 15, 2010 each employee, and a Five Hundred Thousand Dollars ($500,000) policy limit for occupational disease, and the insurer agrees to waive rights of subrogation against the Town, its officials, agents, employees, and volunteers for any work performed for the Town by the operator. As an alternative to worker’s compensation the operator may provide the equivalent to employer’s liability insurance meeting the requirements of this section. d. Excess (or Umbrella) Liability Insurance: Minimum limit of Ten Million Dollars ($10,000,000) covering in excess of the preceding insurance policies. e. Control of Well Insurance: i. Minimum limit of Five Million Dollars ($5,000,000) per occurrence. ii. Policy shall cover the Cost of controlling a well that is out of control, Re-drilling or Restoration expenses, Seepage and Pollution Damage. Damage to Property in the Operator’s Care, Custody, and Control with a sub-limit of Five Hundred Thousand Dollars ($500,000) may be added. I. Security 1. A security instrument that covers each well must be delivered to the Town before the issuance of the Oil and Gas Well Permit for the well. The instrument must provide that it cannot be cancelled without at least thirty (30) days prior written notice to the Town and, if the instrument is a performance bond, that the bond cannot be cancelled without at least ten (10) days prior written notice for non-payment of premium. The instrument shall secure the obligations of the operator related to the well to: a. Repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator’s employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by or contemplated by the Oil and Gas Well Permit; b. Comply with the insurance and security provisions set forth in this Ordinance. c. Pay fines and penalties imposed upon the operator by the Town for any breach of the Oil and Gas Well Permit. d. The security instrument may be in the form of an irrevocable letter of credit or payment bond issued by a bank or surety approved by the Town. The instrument shall run to the Town for the benefit of the Town, shall become effective on or before the date the Oil and Gas Well Permit is issued, and shall remain in effect until the well is abandoned and the site restored. e. A certificate of deposit may be substituted for the letter of credit or payment bond. The certificate shall be issued by a bank in the Town of Trophy Club, Texas, shall be approved by the Town, shall be payable to the order of the Town to secure the obligations of the operator described above, and shall be pledged to the bank with evidence of delivery provided to the Town designee. Interest on the certificate shall be payable to the operator. f. The security instrument may be provided for individual wells or on a “blanket” basis for multiple wells. The amount of the security shall be a minimum of Fifty Thousand Dollars ($50,000) for any single well and a minimum of One Hundred Thousand Dollars Planning and Zoning Commission Page 43 of 151 Meeting Date: April 15, 2010 ($100,000) for multiple wells on a “blanket” basis. g. In the event that the Town determines that the operator’s insurance is insufficient, the security will terminate when the Oil and Gas Well Permit is transferred, with respect to the operator-transferor and if the operator-transferee provides replacement security that complies with this section, when the well is abandoned and the site restored, and when the Town Designee and/or Town Staff consents in writing to such termination. h. An appeal of the determination of the amount of security required under this Ordinance may be made to the Planning and Zoning Commission for recommendation to the Town Council for final determination of the amount of security. J. Periodic Reports 1. The operator shall notify the Planning & Zoning Coordinator of any changes to the following information immediately, within one (1) business day after the change occurs. a. The name, address, and phone number of the operator; b. The name, address, and twenty-four (24) hour phone number of the person(s) with supervisory authority over drilling or operations activities; c. The name, address, and phone number of the person designated to receive notices from the Town, which person must be a resident of Texas that can be served in person or by registered or certified mail; and d. The operator’s Emergency Action Response Plan including “drive-to-maps” from public rights-of-way to each SUP site. e. The operator shall provide a copy of any “incident reports” or written complaints submitted to the Railroad Commission or any other state or federal agency within thirty (30) days after the operator has notice of the existence of such reports or complaints. f. Beginning on December 31st after each well is completed, and continuing on each December 31st thereafter until the operator notifies the Town that the well has been abandoned and the site restored, the operator shall prepare a written report to the Town identifying any changes to the information that was included in the application for the applicable Oil and Gas Well permit that have not been previously reported to the Town. K. Notice of Activities 1. Any person who intends to re-work a well using a drilling rig, to fracture stimulate a well after initial completion, or to conduct seismic exploration involving explosive charges shall give written notice to the Town at least ten (10) days before the activities begin. The notice shall identify where the activities will be conducted and shall describe the activities in reasonable detail, including but not limited to the duration of the activities and the time of day they will be conducted. The notice must also provide the address and twenty-four (24) hour phone number of the person conducting the activities. The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and twenty-four (24) hour phone number of the person conducting the activities. If the Town determines that an inspection by the Town Designee and/or Town Staff is necessary, the operator will pay the Town’s customary charge for the inspection. L. Abandonment of Wells and Pipelines Planning and Zoning Commission Page 44 of 151 Meeting Date: April 15, 2010 1. Abandonment of Wells: Upon abandonment of a well or well site, within sixty (60) days, the well shall be plugged in accordance with the Texas Railroad Commission standards, the site shall be cleaned and cleared of all equipment, holes or excavations filled, and the land graded and returned to its original condition including replanting of vegetation to match the surrounding area. All well casings shall be cut and removed to a depth of at least ten feet (10’) below the surface. 2. Abandonment of Pipelines: Upon abandonment of a pipeline, within (two months) sixty (60) days of abandonment, a pipeline must be purged and plugged in accordance with the rules and regulations of the State of Texas in effect at that time. M. Amended Oil and Gas Well Permits 1. An operator must submit an application to the Planning & Zoning Coordinator to amend an existing Oil and Gas Well Permit, to commence drilling from a new drill site that is not shown on (or incorporated by reference as part of) the existing permit, to relocate a drill site or operation site that is shown on (or incorporated by reference as part of) the existing permit, or to otherwise amend the existing permit. 2. Applications for amended Oil and Gas Well Permits shall be in writing, shall be on forms provided by the Town Designee, shall be signed by the operator, and shall include the following: a. The application fee as set by Town ordinance; b. A description of the proposed amendments; c. Any changes to the information submitted with the application for the existing Oil and Gas Well Permit (if such information has not previously been provided to the Town); d. Such additional information as is reasonably required by the Town Designee or Town Staff to demonstrate compliance with the applicable Development Site Plan and applicable Specific Use Permit; and e. Such additional information as is reasonably required by the Town Designee or Town Staff to prevent imminent destruction of property or injury to persons. 3. All applications for amended Oil and Gas Well Permits shall be filed with the Planning & Zoning Coordinator. The application shall be immediately forwarded to the Town Designee for review. Incomplete applications may be returned to the applicant, in which case the Town shall provide a written explanation of the deficiencies; however, the Town may retain a processing fee as determined by the Town Designee. The Town may return any application as incomplete if there is a dispute pending before the Railroad Commission regarding the determination of the operator. 4. If the activities proposed by the amendment are not materially different from the activities covered by the existing Oil and Gas Well Permit, and if the proposed activities are in conformance with the applicable Development Site Plan and applicable Specific Use Permit, then the Town Designee shall approve the amendment within ten (10) days after the application is filed. Planning and Zoning Commission Page 45 of 151 Meeting Date: April 15, 2010 5. If the activities proposed by the amendment are materially different from the activities covered by the existing Oil and Gas Well Permit, and if the proposed activities are in conformance with the applicable Development Site Plan and applicable Specific Use Permit, then the Town Designee shall approve the amendment within thirty (30) days after the application is filed. If, however, the activities proposed by the amendment are materially different and, in the judgment of the Town Designee, might create a risk of imminent destruction of property or injury to persons that was not associated with the activities covered by the existing permit or that was not otherwise taken into consideration by the existing permit, the Town Designee may require the amendment to be processed as a new Oil and Gas Well Permit application. 6. The failure of the Town Designee to review and issue an amended Oil and Gas Well Permit within the time limits specified above shall not cause the application for the amended permit to be deemed approved. 7. The decision of the Town Designee to deny an amendment to an Oil and Gas Well Permit shall be provided to the operator in writing within ten (10) days after the decision, including an explanation of the basis for the decision. The operator may appeal any such denial to the Town Council. N. Transfer of Oil and Gas Well Permits 1. An Oil and Gas Well Permit may be transferred by the operator with the consent of the Town if the transfer is in writing signed by both parties, and the transferee agrees to be bound by the terms and conditions of the transferred permit, if all information previously provided to the Town as part of the application for the transferred permit is updated to reflect any changes and if the transferee provides the insurance and security required by this Ordinance. The insurance and security provided by the transferor shall be released if a copy of the written transfer is provided to the Town. The transfer shall not relieve the transferor from any liability to the Town arising out of any activities conducted prior to the transfer. O. Remedies of the Town 1. If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fails to comply with any requirement of an Oil and Gas Well Permit (including any requirement incorporated by reference as part of the permit), the Town Designee and/or Town Staff shall give written notice to the operator specifying the nature of the alleged failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the alleged failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than thirty (30) days unless the alleged failure presents a risk of imminent destruction of property or injury to persons or unless the alleged failure involves the operator’s failure to provide periodic reports. The Fire Marshall may issue a Stop Work Order under the Fire Code. 2. If the operator does not cure the alleged failure within the time specified by the Town Designee and/or Town Staff, the Town Designee and/or Town Staff may notify the Railroad Commission and request that the Railroad Commission take appropriate action (with a copy of such notice provided to the operator), and the Town may pursue any other remedy available under this Ordinance. 3. If the operator does not cure the alleged failure within the time specified by the Town Designee and/or Town Staff, the Town Designee and/or Town Staff may recommend: a. The Town Council to suspend the Oil and Gas Well Permit until the alleged failure is Planning and Zoning Commission Page 46 of 151 Meeting Date: April 15, 2010 cured; or, b. The Town Council to revoke the Oil and Gas Well Permit if the operator fails to initiate and diligently pursue a cure. 4. The decision of the Town Designee and/or Town Staff to recommend suspension or revocation of an Oil and Gas Well Permit shall be provided to the operator in writing at least ten (10) days before any action by the Town Council. 5. If an Oil and Gas Well Permit is revoked, the operator will be given a hearing in front of the Town Council. P. Enforcement, Right of Entry 1. The Town Designee and/or Town Staff is authorized and directed to enforce this Ordinance and the provisions of any Oil and Gas Well Permit. Whenever necessary to enforce any provision of this Ordinance or a Gas Well Permit, or whenever there is reasonable cause to believe there has been a violation of this Ordinance or an Oil and Gas Well Permit, the Town Designee, Town Staff or their designated representatives, may enter upon any property covered by this Ordinance or an Oil and Gas Well Permit at any reasonable time to inspect or perform any duty imposed by this Ordinance. If entry is refused, the Town shall have recourse to every remedy provided by law and equity to gain entry. Q. Penalty 1. It shall be unlawful and an offense for any person to do the following: a. Engage in any activity not permitted by the terms of an Oil and Gas Well Permit issued under this Ordinance; b. Fail to comply with any conditions set forth in an Oil and Gas Well Permit issued under this Ordinance; or c. Violate any provision or requirement set forth under this Ordinance. 2. Any violation of this Ordinance shall be punished by a fine of not more than Two Thousand Dollars ($2,000.00) per day, subject to applicable State law. Each day a violation occurs constitutes a separate violation. (Ord. No. 2003-11, § III, 8-4-03) Code of Ordinances Cross Reference: (Oil and Gas Well Manual), Chapter 5, § 6.01-6.03; (Oil and Gas Well Site Plan), Chapter 5, § 6.02; (Oil and Gas Well Permit Fees), Chapter 1, § 8.04 Planning and Zoning Commission Page 47 of 151 Meeting Date: April 15, 2010 Planning and Zoning Commission Page 48 of 151 Meeting Date: April 15, 2010 LILYFI E L D DRIVE STRA T H F I E L D L A N E RALST O N D R I V E MONA V A L E R O A D B E L L S H I L L L A N E HIG H L A N D S D R I V E RO S E V I L L E D R I V E BROADW AY DRIVE MO RGA N LA NE K ENS INGT O N L A NE G L E B E C O U R T ROSEB A Y C O U R T BA L M A I N C O U R T HIG H L A N D S D R I V E MO S M A N L A N E A R G Y L E L A N E K I N G S F O R D L A N E MORGAN LANE H I G H L A N D S D R I V E BR O N T E C O U R T WI S H A W L A N E MORGAN L A N E BROADWAY DRIVE BO N D I C O V E WA V E R L E Y D R I V E WAVERLEYDRIVE WAVE R L E Y D R I V E ENFIELD DRIVE C H A T S WOODDRIV E TRO P H Y P A R K D R I V E MO N A V A L E R O A D ST R A T H F I E L D L A N E T R O P H Y C L U B D R IV E TROPHYCLUB D R I V E BOBCATBLVD. TR O P H Y C L U B D R I V E ( S L I P R O A D C ) T R O P H Y C L U B D R I V E (S L I P R O A D D) T RO P HY C LUB DRIV E (S LIP ROA D E) TRO P H Y C L U B D R I V E ( S L I P R O A D G ) TRO P H Y C L U B D R I V E ( S L I P R O A D F ) TROPHY CLUB DRIVE (SLIP ROAD J) TROPHY CLUB DRIVE (SLIP ROAD H) TROPHYCLUBDRIVE(SLIPROADL) TROPHYCLUBDRIVE(SLIPROADK) T R O P H Y C L U B D R I V E ( S L I P R O A D M ) D R I V E TR O P H Y C L U B D R I V E ( S L I P R O A D B ) TR O P H Y C L U B D R I V E ( S L I P R O A D A ) GL A S G O W D R I V E AL I S A L A N E ALIS A L A N E GLAS G O W D R I V E GREE N A N D R I V E S T G McLEAN AV E N U E MO N T G O M E R I E A V E N U E M O N T G O M E R I E A V E N U E HI G H L A N D S D R I V E CO A S T A L C O U R T GALL O W A Y B O U L E V A R D V E R A N D A A V E N U E V E R A N D A A V E N U E V E R A N D A A V E N U E S T I R L I N G A V E N U E P R E S T W I C K A V E N U E ED I N B U R G H A V E N U E E D I N B U R G H A V E N U E E D I N B U R G H A V E N U E CARRIC K D R I V E MALIN D R I V E ABBY L A N E ABERDEEN DRIVE GALLOWAY BOULEVARD ROSEBURY LANE LILYFIELD DRIVE A N N A N D A L E W A V E R L E Y D R IV E CHATSWOOD DRIVE ANNANDALE DRIVE H Y D E C O V E K I N G L A N E B A L M O R A L D R I V E T A R O N G A C O V E REDF E R N D R I V E MAC Q U A R I E S T R E E T MI L S O N S P O I N T D R I V E MONA VALE ROAD M O N A V A L E R O A D MO N A V A L E R O A D R A N D W I C K C O U R T MA R T I N C O U R T BU L W A R R A C O V E CR O N U L L A C O U R T YORK S T R E E T KENT STREET CAS T L E R E A G H S T R E E T DAR L I N G H U R S T R O A D MARRI C K V I L L E D R I V E SAW C U T 20 L F 12000's 90 0 0 ' s Condos 9000's 5850's 10000's 9000's CR PD-11 PD-15 R-OHR-10CRR-8 R-12 R-12 GOL F C O U R S E GOLF COURSE GO L F C O U R S E GOLF COURSE NORTHWEST P A R K NORTHEAST P A R K GAS WELL SITE 3H GAS WELL SITE GAS WELL SITE 4H GAS WELL SITE 7H GAS WELL SITE 8H GAS WELL SITE 2H MEDLIN MIDDLE SCHOOL FUTURE NISD HIGH SCHOOL SITE USA TRACT E-406 DR I V E TR O P H Y CLU B VILLAGE C E N T E R PUBLIC OPEN SPACE PUBLIC OPEN SPACE PUBLIC OPEN SPACE PUBLIC OPEN SPACE PUBLIC OPEN SPACE PUBLIC OPEN SPACE PUBLIC OPEN SPACE PRIVATE OPEN SPACE PRIVATE OPEN SPACE PRIVATE OPEN SPACE PUBLIC OPEN SPACE PUBLIC OPEN SPACE PUBLIC OPEN SPACE PRIVATE OPEN SPACE VILLAGE C E N T E R THE HIGHLANDS AT TROPHY CLUB Trophy Club,Texas September 10, 2009 C O N C E P T P L A N 1600800400200 Drawing name: I:\PLA\Trophy Club\PLANNING\EXHIBITS\COMPLETE LAND PLAN\2009_sept10\LND PLN.dwg 1NEIGHBORH O O D 2NEIGHBORH O O D 3NEIGHBORH O O D 4NEIGHBORH O O D 5NEIGHBORH O O D 6NEIGHBORH O O D 7NEIGHBORH O O D 8NEIGHBORH O O D 9NEIGHBORH O O D 0 Planning and Zoning Commission Page 49 of 151 Meeting Date: April 15, 2010 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 5 0 o f 1 5 1 M e e t i n g D a t e : A p r i l 1 5 , 2 0 1 0 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 5 1 o f 1 5 1 M e e t i n g D a t e : A p r i l 1 5 , 2 0 1 0 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: March 29, 2010 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: March 31, 2010 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, April 15, 2010 TOWN COUNCIL Monday, April 26, 2010 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, April 15, 2010, to consider changes to the Town of Trophy Club Code of Ordinances, amending Section 5.12 Oil and Gas Well Drilling & Production of Chapter 13–Zoning, including without limitation, amending and adopting new regulations affecting the distance from an existing well to a habitable structure; amending definitions or other miscellaneous items of the Zoning Ordinance as related to this request as deemed necessary. The Town Council will hold a public hearing and consider this item on April 26, 2010, at 7:00 p.m. in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive. Planning and Zoning Commission Page 52 of 151 Meeting Date: April 15, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-214-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/12/2010 Planning & Zoning Commission On agenda:Final action:4/15/2010 Title:Public Hearing to Consider an Amendment to PD-Planned Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit “B” - Development Standards, Section VI. Development and Design Standards, “C” Screening and Fencing, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Attachments:Staff Report.pdf Application.pdf 2010 April PD-27 Ordinance 2007-15 Amended REDLINE.pdf 041510 Public Hearing - Newspaper Driveway Gates.pdf 041510 Public Hearing - Newspaper Lot Type 4 Lot Coverage.pdf PON Explanation.pdf Property Owners - 200-ft.pdf Action ByDate Action ResultVer. Planning and Zoning Commission Page 53 of 151 Meeting Date: April 15, 2010 12010-214-T Version:File #: Title Public Hearing to Consider an Amendment to PD-Planned Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit “B” - DevelopmentStandards, Section VI. Development and Design Standards, “C” Screening and Fencing, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Planning and Zoning Commission Page 54 of 151 Meeting Date: April 15, 2010 PLANNING AND ZONING COMMISSION MEMORANDUM April 15, 2010 SUBJECT: Public Hearing to Consider an Amendment to PD-Planned Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit “B” – Development Standards, Section VI. Development and Design Standards, “C” Screening and Fencing, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) REQUEST: To amend the screening and fencing requirements for PD-27, The Highlands at Trophy Club, to allow: (1) a gate and fencing across the front driveway, and (2) an increase in lot coverage of Lot Type 4 lots from 40% to 43%. Screening and Fencing Requirements The applicant, on behalf of the builders in The Highlands at Trophy Club requests permission to be able to install a gate and associated fencing across the driveways of Lot Types 1, 2 and 3. The applicant asks to add the following as No. 6 of Section C. “Screening and Fences” of Section VI. “Development and Design Standards” of Exhibit B “Development Standards” of PD-27: 6. Lot Types 1, 2, and 3 may have a gate and associated fencing located parallel to, and even with the front facade of the Main Structure on the Lot, but at no point shall the gate and associated fencing be located beyond the front facade of the Main Structure per the following requirements: a. The gate shall cross the driveway. b. The hinge-end(s) of the gate(s) shall terminate into a minimum 2’x 2’ masonry structure, the Main Structure, or an Accessory Building. c. The gate and associated fencing material shall be wrought-iron, no wooden fence material will be allowed on any portion of the Lot from a point 10’ behind the front Build Line forward to the street right-of-way on which the Main Structure faces. d. The side yard fencing adjacent to the gate shall be wrought iron from the front building line to a point 10’ behind the front Building Line, at which Planning and Zoning Commission Page 55 of 151 Meeting Date: April 15, 2010 point it shall transition to the required material for that remaining side yard area. e. If the Lot is located adjacent to a masonry screening wall, the wrought iron fence located parallel to, and even with the front facade of the Main Structure shall terminate at the point of contact with the masonry screening wall. In no instance shall the wrought iron fence extend down the side yard property line creating a “double-fencing” situation with the masonry screening wall. The following definition for “Main Structure” would be added to “Definitions” (Section III): Main Structure: The primary residence to be constructed on any Lot. Lot Type 4 Lot Coverage Increase from 40% to 43% PD-27 regulates the lot coverage allowed for each lot type in The Highlands at Trophy Club, Neighborhoods 1 through 9. There are five lot types. The lot types, sizes, and coverages are as follows: TYPE MINIMUM LOT SIZE LOT COVERAGE Lot Type 1 12,000 sq. ft. 35% Lot Type 2 10,000 sq. ft. 40% 45% - up to 119 lots (of 238 total) Lot Type 3 8,400 sq. ft. 40% Lot Type 4 7,200 sq. ft. 40% Lot Type 5 5,250 sq. ft. Less than 6,000 sq. ft. lot shall not exceed 50% Equal to or greater than 6,000 sq. ft. shall not exceed 60% A summary of Lot Type 4 Regulations is as follows: Minimum Square Footage: 7,200 sq. ft. Typical Dimension: 60’ x 120’ Minimum Width: 60’ Minimum Depth: 100’ Yard Setbacks: Front: 20’ – 26’ Side: 5’ Side Adjacent to Street: 15’ Rear: 20’ Minimum Dwelling Sq. Ft.: 1,650 sq. ft. Planning and Zoning Commission Page 56 of 151 Meeting Date: April 15, 2010 The Town of Trophy Club Code of Ordinances defines lot coverage as: Lot Coverage: The total area of a lot upon which is placed a building, buildings or other structures. PD-27 further defines “Lot Coverage” for Lot Type 4 as follows: Lot Coverage: The combined area covered by all main buildings and accessory structures… Swimming pools and spas shall not be included in determining maximum building coverage. The applicant is requesting an increase in lot coverage for all Lot Type 4 lots from 40% lot coverage to 43% lot coverage. There are approximately 177 Lot Type 4 lots and all are located in Neighborhood 1. PUBLIC HEARING: Town of Trophy Club regulations require placement of a notice of public hearing in the local newspaper. A notice was published on March 31, 2010, for the April 15 P&Z meeting, with a courtesy reminder placed in the newspaper on April 14, regarding the Council consideration of this item on April 26, 2010. All property owners (153) within PD-27 were notified of this request. A copy of the notification and list of property owners is attached. Attachments: Application PD-27 Regulations – Redline Copy Public Hearing Notice(s) Property Owner Notice/List Planning and Zoning Commission Page 57 of 151 Meeting Date: April 15, 2010 Pl a n n i n g an d Zo n i n g Co m m i s s i o n Pa g e 58 of 15 1 Me e t i n g Da t e : Ap r i l 15 , 20 1 0 ORDINANCE NO. 2007-15 P&Z Including Amendments: 2010-01 P&Z Council Approval 2/1/10, Restaurants – Village Center 2009-30 P&Z Council Approval 11/2/09, Neighborhood 8 Revisions 2009-01 P&Z Council Approval 1/5/09, Key Lot Definition; Fencing 2008-39 P&Z Council Approval 12/1/08, Correction to Table No. 4-1 for Lot Type 3 Side Yard Setback 2007-30 P&Z Council Approval 11/5/07, Lot Coverage for Lot Type 2 Lots, Neighborhoods 3 & 4 FOR A 696.9 ACRE TRACT OF LAND KNOWN AS PD-27 THE HIGHLANDS AT TROPHY CLUB TROPHY CLUB, DENTON COUNTY, TEXAS Exhibit “A” – Legal Description Exhibit “B” – Development Standards Exhibit “C” – Concept Plan Exhibit “D” – Street Type Exhibits Exhibit “E” – Park Plan Concepts Exhibit “F” – Pathway Plan Deleted: 1¶ Planning and Zoning Commission Page 59 of 151 Meeting Date: April 15, 2010 EXHIBIT “A” LEGAL DESCRIPTION Tract D - 608.207 acres BEING a tract or parcel of land situated in the R. Allen Survey, Abstract number 5, the T. Allen Survey, Abstract Number 7, the T. Allen Survey, Abstract Number 8, the R. Allen Survey, Abstract Number 17, the T. Calloway Survey, Abstract Number 272, the J. Eads Survey, Abstract Number 392, the J. Henry Survey, Abstract Number 529, the J. Michael Survey, Abstract Number 820, and the W. Medlin Survey, Abstract Number 829, in the Town of Trophy Club, Denton County, Texas, and being part of “Tract 8A” called 559.3807 acres conveyed to Beck Properties Trophy Club, L.P. by deed recorded in Clerk File Number 93-R0087516, Deed Records, Denton County, Texas, and being all of “Tract I” called 16.369 acres conveyed to Beck Properties Trophy Club, L.P. by deed recorded in Clerk File Number 95-R0079125, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a one half inch iron rod found at the most northerly northeast corner of Northwest Independent School District East Campus Addition, an addition to the Town of Trophy Club recorded in Cabinet O, Slide 263, Plat records, Denton County, Texas, in the south line of Marshall Creek Road (apparent prescriptive Right-of-Way); THENCE North 00'01'25" East a distance of 20.00 feet to an “X” cut in concrete found for corner at the apparent centerline of existing Marshall Creek Road, said point being the Southwesterly corner of a tract of land conveyed to Northwest Independent School District by deed recorded in County Clerk File No. 2004-52884, Deed Records, Denton County, Texas, said point also being at the beginning of a curve to the right whose chord bears South 85 28'12" East, 349.63 feet; THENCE in a Easterly direction along the Southerly line of said Northwest Independent School District Tract and said curve to the right having a central angle of 9’55'45", a radius of 2020.05 feet, and an arc length of 350.07 feet to an “X” cut in concrete found for corner at the apparent centerline of existing Marshall Creek Road; THENCE South 77’29'04" East along the Southerly line of said Northwest Independent School District Tract a distance of 909.47 feet to an “X” cut in concrete found for corner at the apparent centerline of existing Marshall Creek Road at the beginning of a curve to the right whose chord bears South 73’38'23" East, 138.36 feet; THENCE in a Easterly direction along the Southerly line of said Northwest Independent School District Tract and said curve to the right having a central angle of 7’41'21", a radius of 1031.76 feet, and an arc length of 138.46 feet to an “X” cut in concrete found for corner at the apparent centerline of existing Marshall Creek Road THENCE North 10’17'45" East departing the apparent centerline of said existing Deleted: 1¶ Planning and Zoning Commission Page 60 of 151 Meeting Date: April 15, 2010 Marshall Creek Road and following the Easterly line of said Northwest Independent School District tract, a distance of 125.56 feet to a iron rod with cap found for corner; THENCE North 19’40'49" East a distance of 103.70 feet to a iron rod with cap found for corner; THENCE North 13’01'41" East a distance of 96.22 feet to a iron rod with cap found for corner; THENCE North 04’12'10" East a distance of 306.42 feet to a iron rod with cap found for corner; THENCE North 08’40'34" East a distance of 429.62 feet to a iron rod with cap found or corner; THENCE North 40’51'30" East a distance of 95.57 feet to a iron rod with cap found for corner; THENCE North 36’12'01" East a distance of 52.34 feet to a iron rod with cap found for corner; THENCE North 41’42'41" East a distance of 91.51 feet to a iron rod with cap found for corner; THENCE North 77’46'53" East a distance of 102.76 feet to a iron rod with cap found for corner; THENCE South 87’10'43" East a distance of 157.55 feet to a concrete monument found for corner in the Southerly line of United States of America Tract F-540; THENCE North 64’45'38" East along the Southerly line of said United States of America Tract F-540, a distance of 346.42 feet to a concrete monument found for corner; THENCE North 29’34'13" East a distance of 231.84 feet to a concrete monument found for corner; THENCE South 78’21'24" East a distance of 438.20 feet to a concrete monument found for corner; THENCE South 75’43'24" East a distance of 228.65 feet to a concrete monument found at the southeast corner of said United States of America Tract F-540; THENCE North 00’45'24" West along the east line of said United States of America Tract F-540 a distance of 328.35 feet to a concrete monument found at the southwest corner of Tract E-406-1 conveyed to the United States of America by deed, recorded in Volume 425, Page 306, Deed Records, Denton County, Texas; Deleted: 1¶ Planning and Zoning Commission Page 61 of 151 Meeting Date: April 15, 2010 THENCE along the south line of said United States of America Tract E-406-1, the following calls: South 82’20'24" East a distance of 929.61 feet to a concrete monument found for corner; South 05’40'36" West a distance of 449.69 feet to a concrete monument found for corner; North 47’40'45" East a distance of 673.97 feet to a concrete monument found for corner; North 89’15'58" East a distance of 399.90 feet to a concrete monument found for corner; South 42 34'24" East a distance of 500.00 feet to a concrete monument found for corner; North 32’11'36" East a distance of 505.10 feet to a concrete monument found for corner in the southwest corner of Tract E-406 conveyed to the United States of America by deed recorded in Deed Records, Denton County, Texas; THENCE along the south line of said United States of America Tract E-406, the following calls: North 81’59'36" East a distance of 1179.80 feet to a one half inch iron rod with cap found for corner, from which a concrete monument found bears North 58’08'13" East a distance of 3.93 feet; North 63’54'36" East a distance of 949.80 feet a one half inch iron rod with cap found for corner, from which a concrete monument found bears North 38’37'20" East a distance of 3.75 feet; North 21’17'06" East a distance of 1535.00 feet to a one half inch iron rod with cap found for corner, from which a concrete monument found bears North 21’17'06" East a distance of 135.10 feet; THENCE South 03’23'03" East a distance of 809.63 feet to a concrete monument found for corner; THENCE South 82’20'24" East a distance of 129.90 feet to a concrete monument found for corner; THENCE South 82’22'24" East a distance of 77.70 feet to a fence corner found for corner in the west line of a tract of land conveyed to Harold D. Shanklin by deed recorded in Clerk File Number 93-R0036404, Deed Records, Denton County, Texas; Deleted: 1¶ Planning and Zoning Commission Page 62 of 151 Meeting Date: April 15, 2010 THENCE South 01’58'36" West along the Westerly line of said Shanklin tract, a distance of 646.30 feet to a iron rod with cap found for corner; THENCE South 87’09'20" East a distance of 170.66 feet to a iron rod with cap found for corner; THENCE South 00’27'13" East a distance of 1039.05 feet to a iron rod with cap found for corner; THENCE North 75’53'28" East a distance of 15.44 feet to a iron rod with cap found for corner; THENCE South 00’27'13" East a distance of 856.86 feet to a iron rod with cap found for corner in the North line of said Marshall Creek road; THENCE South 89’12'06" West along the apparent North line of said Marshall Creek road a distance of 1717.11 feet to a one half inch iron rod with cap found for corner at the apparent northeast corner of said R. Allen Survey Abstract Number 5; THENCE South 00’38'24" East along the east line of said R. Allen Survey Abstract Number 5 a distance of 593.60 feet to a concrete monument found for corner; THENCE South 00’25'54" East continuing along the east line of said R. Allen Survey Abstract Number 5 a distance of 1125.30 feet to a concrete monument found for corner in the southeast line of a United States of America perpetual flowage easement recorded in Volume 462, Page 422, Deed Records, Denton County, Texas; THENCE along the southeast line of said United States of America perpetual flowage easement, the following calls: South 48’28'36" West a distance of 229.66 feet to a concrete monument found for corner; South 34’01'36" West a distance of 463.31 feet to a concrete monument found for corner; South 09’25'36" West a distance of 491.80 feet to a concrete monument found for corner; South 39’20'36" West a distance of 599.25 feet to a concrete monument found for corner; North 87’03'24" West a distance of 248.30 feet to a concrete monument found for corner; South 15’23'24" East a distance of 406.80 feet to a five-eighths inch iron rod found at Deleted: 1¶ Planning and Zoning Commission Page 63 of 151 Meeting Date: April 15, 2010 the northeast corner of Lot 4, Block 2 The Fourth Nine At Trophy Club, an addition to the Town of Trophy Club recorded in Cabinet M, Slide 148, Plat Records, Denton County, Texas; THENCE along the east, north, and west line of said The Fourth Nine At Trophy Club, the following calls: South 74’36'36" West a distance of 112.82 feet to an iron rod with cap found for corner; North 85’06'19" West a distance of 56.38 feet to an iron rod with cap found for corner; North 73’18'22" West a distance of 63.83 feet to a 5/8 inch iron rod found for corner; North 15’23'24" West a distance of 346.42 feet to an iron rod with cap found for corner; North 63’32'40" West a distance of 291.35 feet to an iron rod with cap found for corner; North 80’03'55" West a distance of 162.02 feet to an iron rod with cap found for corner; South 67’40'19" West a distance of 279.96 feet to an iron rod with cap found for corner; South 32’07'45" West a distance of 112.00 feet to an iron rod with cap found for corner; South 00’33'24" East a distance of 20.00 feet to an iron rod with cap found for corner; South 77’55'47" West a distance of 158.91 feet to an iron rod with cap found for corner; North 64’45'24" West a distance of 363.09 feet to an iron rod with cap found for corner; North 00’22'41" East a distance of 293.30 feet to an iron rod with cap found for corner; North 40’17'42" East a distance of 123.57 feet to a point for corner; North 12’49'16" East a distance of 107.20 feet to a point for corner; North 34’52'09" East a distance of 762.50 feet to an iron rod with cap found for corner; North 50’05'36" East a distance of 516.70 feet to an iron rod with cap found for corner; North 11’26'32" West a distance of 220.00 feet to an iron rod with cap found for corner; South 82’25'37" West a distance of 327.53 feet to an iron rod with cap found for corner; North 60’48'42" West a distance of 402.83 feet to an iron rod with cap found for corner; North 84’19'51" West a distance of 553.26 feet to a point for corner; Deleted: 1¶ Planning and Zoning Commission Page 64 of 151 Meeting Date: April 15, 2010 South 65’33'18" West a distance of 281.03 feet to an iron rod with cap found for corner; South 89’26'36" West a distance of 209.85 feet to an iron rod with cap found for corner; North 82’25'57" West a distance of 182.43 feet to an iron rod with cap found for corner; South 79’57'31" West a distance of 156.45 feet to a five-eighths inch iron rod found for corner; South 62’18'10" West a distance of 479.65 feet to an iron rod with cap found for corner; South 38’18'10" West a distance of 629.86 feet to an iron rod with cap found for corner; South 28’48'10" West a distance of 460.00 feet to an iron rod with cap found for corner; South 34’14'36" West a distance of 210.00 feet to an iron rod with cap found for corner; South 38’26'58" East a distance of 87.55 feet to an iron rod with cap found for corner; South 80’10'27" East a distance of 100.01 feet to an iron rod with cap found for corner; North 52’50'00" East a distance of 117.45 feet to an iron rod with cap found for corner; South 66’45'07" East a distance of 229.25 feet to an iron rod with cap found for corner; South 21’14'03" East a distance of 489.09 feet to an iron rod with cap found for corner; South 04’18'24" East a distance of 730.69 feet to a point for corner; South 15’47'04" West a distance of 188.63 feet to a point for corner at the most westerly southwest corner of Lot 1, Block 2 of said The Fourth Nine At Trophy Club in the north line of a called 294.7047 acre tract of land conveyed to Cobblestone Texas, Inc. by deed recorded in Clerk File Number 93-R0087511, Deed Records, Denton County, Texas; THENCE departing the West line of said The Fourth Nine At Trophy Club and along the North line of said Cobblestone Texas, Inc. 294.7047 acre tract, the following calls: South 50’29'36" West a distance of 120.90 feet to a point for corner; South 62’14'36" West a distance of 122.55 feet to a point for corner; South 83’14'41" West a distance of 653.82 feet to a point for corner at the most easterly southeast corner of The Quorum Condominiums, an addition to the Town of Trophy Club recorded in Cabinet C, Slide 358, Plat Records, Denton County, Texas; Deleted: 1¶ Planning and Zoning Commission Page 65 of 151 Meeting Date: April 15, 2010 THENCE along the east and north line of said The Quorum Condominiums, the following calls: North 34’27'24" East a distance of 117.13 feet to a point for corner; South 85’31'04" West a distance of 761.36 feet to an iron rod with cap found for corner; South 88’07'51" West a distance of 312.34 feet to a point for corner in the East line of Trophy Club Drive (40 foot-wide Right-of-Way at this line) at the beginning of a non- tangent curve to the left whose chord bears North 23’05'59" East a distance of 626.30 feet; THENCE along the east line of said Trophy Club Drive and along said non-tangent curve to the left having a radius of 1325.00 feet, a central angle of 27’20'29", and an arc distance of 632.29 feet to a one-half inch iron rod found for corner; THENCE continuing along the east line of said Trophy Club Drive, the following calls: North 09’25'44" East a distance of 225.00 feet to an iron rod with cap found for corner at the beginning of a tangent curve to the right whose chord bears North 28’40'43" East a distance of 576.97 feet; In a northeasterly direction along said tangent curve to the right having a radius of 875.00 feet, a central angle of 38’30'03", and an arc distance of 587.97 feet to an iron rod with cap found for corner at the beginning of a reverse curve to the left whose chord bears North 23’40'45" East a distance of 718.75 feet; In a northeasterly direction along said reverse curve to the left having a radius of 875.00 feet, a central angle of 48’29'58", and an arc distance of 740.67 feet to an iron rod with cap found for corner; North 00’34'16" West a distance of 619.43 feet to a 5/8 inch iron rod found at the northeast corner of Lakes of Trophy Club Phase 3, an addition to the Town of Trophy Club recorded in Cabinet R, Slide 169, Plat Records, Denton County, Texas THENCE South 89’29'08" departing the east line of said Trophy Club Drive and along the West line of said Lakes of Trophy Club Phase 3 a distance of 1549.31 feet to an iron rod with cap found at the northwest corner of Lakes of Trophy Club Phase 2, an addition to the Town of Trophy Club recorded in Cabinet O, Slide 323, Plat Records, Denton County, Texas, said point also being in the east line of Parkview Drive (variable-width Right-of-Way); THENCE North 00’51'47" East along the east line of said Parkview Drive a distance of 390.16 feet to an iron rod with cap found at the most westerly southwest corner of Lot 1, Block 1 Trophy Club Recreation Center, an addition to the Town of Trophy Club recorded in Clerk File No. 02-110526, Deed Records, Denton County, Texas; Deleted: 1¶ Planning and Zoning Commission Page 66 of 151 Meeting Date: April 15, 2010 THENCE along the south, east and north line of said Lot 1, Block 1 Trophy Club Recreation Center, the following calls: South 44’49'00" East a distance of 13.97 feet to an iron rod with cap found for corner; North 89’30'13" East a distance of 352.38 feet to a point for corner at the beginning of a tangent curve to left whose chord bears North 61’05'03" East a distance of 475.92 feet; In an easterly and northeasterly direction along said tangent curve to the left having a radius of 500.00 feet, a central angle of 56’50'20", and an arc distance of 496.01 feet to an iron rod with cap found for corner at the beginning of a reverse curve to the right whose chord bears North 42’24'11" East a distance of 186.06 feet; In a northeasterly direction along said reverse curve to the right having a radius of 550.00 feet, a central angle of 19’28'36", and an arc distance of 186.96 feet to an iron rod with cap found for corner; North 29’37'08" West a distance of 36.96 feet to an iron rod with cap found for corner at the beginning of a non-tangent curve to the right whose chord bears South 81’40'09" West a distance of 270.76 feet; In a westerly direction along said non-tangent curve to the right having a radius of 845.00 feet, a central angle of 18’26'19", and an arc distance of 271.93 feet to an iron rod with cap found for corner; North 89’06'42" West a distance of 568.09 feet to an iron rod with cap found for corner in the east line of said Parkview Drive at the beginning of a non-tangent curve to the right whose chord bears North 28’53'16" East a distance of 210.43 feet; THENCE along the east line of said Parkview Drive, the following calls: In a northeasterly direction along said non-tangent curve to the right having a radius of 745.99 feet, a central angle of 16’12'58", and an arc distance of 211.13 feet to an iron rod with cap found for corner; North 36’59'44" East a distance of 114.24 feet to a one-half inch iron rod found at the beginning of a tangent curve to the left whose chord bears North 18’56'05" East a distance of 514.70 feet; Along said tangent curve to the left having a radius of 830.00 feet, a central angle of 36’07'33", and an arc distance of 523.33 feet to a 5/8 inch iron rod found for corner; North 00’52'12" East a distance of 60.08 feet to a 5/8 inch iron rod found for corner at the beginning of a tangent curve to the right whose chord bears North 5’33'24" East a distance of 125.83 feet; Deleted: 1¶ Planning and Zoning Commission Page 67 of 151 Meeting Date: April 15, 2010 In a northerly direction along said tangent curve to the right having a radius of 770.00 feet, a central angle of 9’22'24", and an arc distance of 125.97 feet to a five-eighths inch iron rod found for corner at the beginning of a non-tangent curve to the right whose chord bears North 36’11'13" East a distance of 20.14 feet; In a northeasterly direction along said non-tangent curve to the right having a radius of 2100.01 feet, a central angle of 0’32'58", and an arc distance of 20.14 feet to a point for corner at the beginning of a non-tangent curve to the left whose chord bears North 85’28'20" West a distance of 346.33 feet; THENCE in a westerly direction along said non-tangent curve to the left having a radius of 2000.05 feet, a central angle of 9’56'01", and an arc distance of 346.76 to the POINT OF BEGINNING and containing 608.207 acres, more or less, Save and Except 21.338 acres. Tract E – 88.709 acres BEING a tract or parcel of land situated in the R. Allen Survey, Abstract number 5, the R. Allen Survey, Abstract Number 17, the J. Henry Survey, Abstract Number 529, the J. Michael Survey, Abstract Number 820, and the W. Medlin Survey, Abstract Number 829, in the Town of Trophy Club, Denton County, Texas, and being part of “Tract 8C” called 97.4335 acres conveyed to Beck Properties Trophy Club, L.P. by deed recorded in Clerk File Number 93-R0087516, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at the northeast corner of The Quorum Condominiums, an addition to the Town of Trophy Club recorded in Cabinet C, Slide 358, Plat Records, Denton County, Texas; THENCE South 34’27'24" West along the east line of said The Quorum Condominiums a distance of 117.12 feet to a point for corner in the north line of a tract of land conveyed to Clubcorp Golf of Texas, L.P. by deed recorded in Clerk File Number 00- 00131448, Deed Records, Denton County, Texas; THENCE along the north line of said Clubcorp Golf of Texas, L.P. tract, the following calls: North 83’14'41" East a distance of 653.82 feet to a point for corner; North 62’14'36" East a distance of 122.55 feet to a point for corner; North 50’29'36" East a distance of 120.90 feet to a point for corner at the most westerly southwest corner of Lot 1, Block 2 The Fourth Nine At Trophy Club, an addition to the Town of Trophy Club recorded in Cabinet M, Slide 148, Plat Records, Denton County, Texas; Deleted: 1¶ Planning and Zoning Commission Page 68 of 151 Meeting Date: April 15, 2010 THENCE along the south line of said Lot 1, Block 2 The Fourth Nine At Trophy Club, the following calls: South 78’29'24" East a distance of 110.00 feet to a point for corner; South 44’47'48" East a distance of 498.14 feet to a point for corner; South 85 06'19" East a distance of 188.01 feet to the POINT OF BEGINNING; THENCE 56’41'36" East continuing along the south line of said Lot 1, Block 2 The Fourth Nine At Trophy Club a distance of 177.29 feet to a one-half inch iron rod with cap found at the most easterly southeast corner of said Lot 1, Block 2 The Fourth Nine At Trophy Club; THENCE along the south and east line of said Lot 1, Block 2 The Fourth Nine At Trophy Club, the following calls: North 33’18'24" West a distance of 120.00 feet to an iron rod with cap found for corner; South 56’41'36" West a distance of 80.00 feet to an iron rod with cap found for corner; North 33’18'24" West a distance of 519.80 feet to an iron rod with cap found for corner; North 04’18'24" West a distance of 743.13 feet to an iron rod with cap found for corner; North 21’14'03" West a distance of 601.04 feet to an iron rod with cap found for corner; North 68’57'37" West a distance of 175.88 feet to an iron rod with cap found at the most northerly northeast corner of said Lot 1, Block 2, The Fourth Nine At Trophy Club; South 55’36'30" West a distance of 267.82 feet to an iron rod with cap found at the northwest corner of said Lot 1, Block 2, The Fourth Nine At Trophy Club; THENCE North 66’45'10" West departing the northwest corner of said Lot 1, Block 2, The Fourth Nine At Trophy Club a distance of 118.39 feet to an iron rod with cap found in the south line of Lot 2, Block 2, of said The Fourth Nine At Trophy Club; THENCE along the south and east line of said Lot 2, Block 2, The Fourth Nine At Trophy Club, the following calls: North 55’36'25" East a distance of 262.29 feet to an iron rod with cap found for corner; North 37’16'43" East a distance of 408.19 feet to a five-eighths inch iron rod found for corner; Deleted: 1¶ Planning and Zoning Commission Page 69 of 151 Meeting Date: April 15, 2010 North 38’09'25" East a distance of 509.37 feet to an iron rod with cap found for corner; North 62’19'57" East a distance of 403.36 feet to an iron rod with cap found for corner; North 89’26'36" East a distance of 110.02 feet to a point for corner at the southeast corner of said Lot 2, Block 2, The Fourth Nine At Trophy Club; North 00’33'24" West a distance of 250.00 feet to an iron rod with cap found at the northeast corner of said Lot 2, Block 2, The Fourth Nine At Trophy Club; THENCE North 89’26'36" East departing the east line of said Lot 2, Block 2, The Fourth Nine At Trophy Club a distance of 70.00 feet to an iron rod with cap found at the northwest corner of Lot 3, Block 2, of said The Fourth Nine At Trophy Club; THENCE along the west and south line of said Lot 3, Block 2, The Fourth Nine At Trophy Club, the following calls: South 00’33'24" East a distance of 250.00 feet to an iron rod with cap found for corner; North 89’26'36" East a distance of 940.00 feet to an iron rod with cap found for corner; South 28’01'52" East a distance of 140.57 feet to an iron rod with cap found for corner; South 38’36'14" West a distance of 500.16 feet to an iron rod with cap found for corner; South 34’01'21" West a distance of 500.40 feet to an iron rod with cap found for corner; South 05’29'13" East a distance of 206.91 feet to an iron rod with cap found for corner; South 52 04'42" East a distance of 308.52 feet to an iron rod with cap found for corner; South 00’22'41" West a distance of 54.87 feet to an iron rod with cap found at the southwest corner of said Lot 3, Block 2, The Fourth Nine At Trophy Club; South 89’37'19" East a distance of 50.00 feet to an iron rod with cap found at the southeast corner of said Lot 3, Block 2, The Fourth Nine At Trophy Club; THENCE South 00’22'41" West departing the south line of said Lot 3, Block 2, The Fourth Nine At Trophy Club a distance of 90.00 feet to an iron rod with cap found at the northeast corner of Lot 4, Block 2, of said The Fourth Nine At Trophy Club; THENCE along the west and north line of said Lot 4, Block 2, The Fourth Nine At Trophy Club, the following calls: North 89’37'19" West a distance of 50.00 feet to an iron rod with cap found for corner; Deleted: 1¶ Planning and Zoning Commission Page 70 of 151 Meeting Date: April 15, 2010 South 00’22'41" West a distance of 54.68 feet to an iron rod with cap found for corner; South 17’10'44" East a distance of 129.53 feet to an iron rod with cap found for corner; South 67’49'36" West a distance of 664.92 feet to an iron rod with cap found for corner; South 25’22'05" West a distance of 758.05 feet to an iron rod with cap found for corner; South 33’18'20" East a distance of 251.74 feet to an iron rod with cap found at the southwest corner of said Lot 4, Block 2, The Fourth Nine At Trophy Club in the south line of a perpetual flowage easement recorded in Volume 464, Page 321, Deed Records, Denton County, Texas; North 56’41'36" East along the common boundary line between said perpetual flowage easement tract and said Lot 4, Block 2, The Fourth Nine At Trophy Club a distance of 640.00 feet to a point at the most westerly southeast corner of said Lot 4, Block 2, The Fourth Nine At Trophy Club in the southeast corner of a perpetual flowage easement recorded in Volume 462, Page 422, Deed Records, Denton County, Texas from which a concrete monument found bears North 1’18'11" East a distance of 0.86 feet; THENCE departing the south line of said Lot 4, Block 2, The Fourth Nine At Trophy Club and along the north line of said perpetual flowage easement tract, the following calls: North 75’22'36" East a distance of 120.89 feet to a point for corner from which a concrete monument found bears North 14’54'20" West a distance of 0.74 feet; South 78’46'24" East a distance of 393.24 feet to a concrete monument found for corner; North 33’08'36" East a distance of 299.10 feet to a concrete monument found for corner; South 74’10'24" East a distance of 958.80 feet to a concrete monument found for corner; South 10’12'24" East a distance of 221.55 feet to a concrete monument found for corner; THENCE North 58’14'36" East a distance of 105.24 feet to a point for corner in the west line of Lot 1, Block 1, of said The Fourth Nine At Trophy Club; THENCE along the west and south line of said Lot 1, Block 1, The Fourth Nine At Trophy Club, the following calls: South 34’59'13" East a distance of 92.19 feet to an iron rod with cap found for corner; Deleted: 1¶ Planning and Zoning Commission Page 71 of 151 Meeting Date: April 15, 2010 South 08’32'02" East a distance of 56.44 feet to an iron rod with cap found for corner; South 40’03'13" East a distance of 34.00 feet to an iron rod with cap found for corner; South 58’07'10" East a distance of 56.35 feet to an iron rod with cap found for corner; South 34’59'13" East a distance of 345.32 feet to an iron rod with cap found for corner; South 66’09'36" East a distance of 717.36 feet to an iron rod with cap found at the south corner of said Lot 1, Block 1, The Fourth Nine At Trophy Club in the north line of said Clubcorp Golf of Texas, L.P. tract; THENCE along the north line of said Clubcorp Golf of Texas, L.P. tract, the following calls: North 67’38'33" West a distance of 1384.32 feet to an iron rod with cap found for corner; North 62’57'33" West a distance of 641.35 feet to an iron rod with cap found for corner; South 75’13'48" West a distance of 331.67 feet to an iron rod with cap found for corner; South 61’56'48" West a distance of 876.80 feet to a point for corner; North 11’01'02" West a distance of 104.10 feet to a point for corner; North 11’54'37" East a distance of 40.71 feet to an iron rod with cap found for corner; THENCE North 85’06'19" West a distance of 471.60 feet to the POINT OF BEGINNING and containing 88.709 acres, more or less. Deleted: 1¶ Planning and Zoning Commission Page 72 of 151 Meeting Date: April 15, 2010 ZONING MAP Deleted: 1¶ Planning and Zoning Commission Page 73 of 151 Meeting Date: April 15, 2010 EXHIBIT “B” DEVELOPMENT STANDARDS I. PROJECT LOCATION The Highlands at Trophy Club consists of approximately 696.9 acres of land generally to the north of Oakmont Drive, Oak Hill Drive and the Quorum Condominiums, east of The Lakes Subdivision and Parkview Drive, south of the Corps of Engineer’s property, and west of the Town’s eastern town limit. Deleted: 1¶ Planning and Zoning Commission Page 74 of 151 Meeting Date: April 15, 2010 II. PURPOSE AND INTENT A. Purpose and Intent: The purpose of the district is to create a master planned community featuring a mixture of housing types and commercial uses in a manner that will encourage sustainable neighborhoods and attract investment to the area. 1. The purpose of this district is: a. To provide development and land use flexibility within the framework of a Planned Development zoning district. 2. The intent of this district is: a. To design streets and buildings which will contribute to creating safe neighborhoods. b. To provide an attractive environment for pedestrians which include such things as buildings framing public space, street trees, lighting and canopies that will attract pedestrians. c. To contribute to the definition and use of public parks and plazas. 3. The Highlands at Trophy Club PD is intended to provide the community with a mixture of housing types in a pattern and amount that will encourage sustainable neighborhoods and development. 4. The Highlands at Trophy Club Concept Plan delineates the boundaries of the respective neighborhood areas (Exhibit B). The Development Standards shall apply to the entire Highlands at Trophy Club District unless indicated otherwise. Housing mix, street types, building types and frontage standards for any particular area shall be controlled by the neighborhood areas delineated on the plan. B. Applicability: This Ordinance shall apply to all development within the PD boundaries. Unless otherwise stated herein, all ordinances of the Town shall apply to The Highlands at Trophy Club. Deleted: 1¶ Planning and Zoning Commission Page 75 of 151 Meeting Date: April 15, 2010 III. DEFINITIONS Accessory Building: A subordinate building or structure of masonry and/or wood construction that is detached from the main building and customarily incidental to the principal building. Block: A continuous street edge along any one side, between any intersections with a Street, Mews, or Court. Court: A street with buildings fronting across the street from a central green or open space. Covered Front Porch: An area of at least 60 S.F. covered by the main roof or an architectural extension. Gifts to the Street: Building enhancements that improve the feel and experience of the street, including porches, stoops, bay windows, balconies, masonry clad chimneys, attached pergolas and colonnades. Green: A publicly accessible space with turf and landscaping fronted by buildings either directly or across the street. Key Lot: Any lot which has a street adjacent to both its front and side building lines, and its rear property line is also the side property line of an adjacent lot. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) Kiosk Sign: A sign that contains individual panels and that is generally used to provide direction to residential subdivisions from major thoroughfares or to provide direction to schools, amenities, information centers, community facilities and neighborhoods within a residential subdivision. The Highlands at Trophy Club Concept Plan (Exhibit C): The graphic plan for The Highlands at Trophy Club that establishes and delineates the respective PD sub-districts such as the Village Center and other Neighborhoods. Main Structure: The primary residence to be constructed on any Lot. Public Open Space: Whether maintained by the school district through a joint use agreement, private association or public improvement district, publicly accessible parks, greens, squares, courtyards, plazas, parkways, medians, commons and tot lots, shall constitute Public Open Space. Pull Through Garage: A garage that is sited at the rear of a lot and behind the principal structure that requires a driveway adjacent to the principal structure to connect the garage with the street fronting the principal structure. Shall: A term requiring compliance. Shared Parking: Parking areas that provide parking for multiple commercial sites or pads. Deleted: 1¶ Formatted: Font: (Default) Arial, 11 pt, Underline Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: First line: 36 pt Planning and Zoning Commission Page 76 of 151 Meeting Date: April 15, 2010 Should: A term encouraging compliance. Side Street: A street that principally is fronted by the side of a residential or commercial building on a corner lot. Transparency: Windows, glass doors and other clear façade treatments that provide a sense of openness to a structure. Deleted: 1¶ Planning and Zoning Commission Page 77 of 151 Meeting Date: April 15, 2010 IV. LOT TYPE REGULATIONS The Highlands at Trophy Club will include a variety of lot types in order to achieve the goals established for the district. The lot types and requirements for each shall be as follows: A. Lot Type 1: 1. Purpose: This lot type is designed to allow single family detached dwellings on lots of not less than twelve thousand (12,000) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 1 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 1 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations: No building shall exceed forty feet (40’) or two and one-half (2-1/2) stories in height. 5. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 12,000 square feet; For lots abutting the golf course, the minimum lot size shall be increased by 1,000 square feet. Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed thirty-five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Deleted: 1¶ Planning and Zoning Commission Page 78 of 151 Meeting Date: April 15, 2010 Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,500 2,000 One and one half story or two story residence 2,500* 2,000* * Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (Including garage area) Front Yard: 25 feet minimum Rear Yard (Golf Course): 35 feet minimum Rear Yard: 25 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard (Golf Course): 10 feet minimum Side Yard: 10 feet minimum; provided that the distance between buildings and structures on contiguous lots remains a minimum 20 feet, the width of the side yard on one side may be reduced to not less than 5 feet. Side Yard Adjacent to Street: 20 feet minimum Lot Width: 90 feet minimum; (measured at the front building line) Lot Width Adjacent to Side Street: 100 feet (measured at the front building line) Lot Depth: 110 feet minimum Lot Depth (corner or cul-de-sac lot): 100 feet minimum Garage: May not face front street unless set back at least 30 feet from front building line; may not face side street unless set back 50 feet from side street right-of-way. Deleted: 1¶ Planning and Zoning Commission Page 79 of 151 Meeting Date: April 15, 2010 B. Lot Type 2: 1. Purpose: This lot type is designed to allow single family detached dwellings on lots of not less than ten thousand (10,000) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 2 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 2 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations: No building shall exceed forty feet (40’) or two and one-half (2-1/2) stories in height. 5. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 10,000 square feet; For lots abutting the golf course, the minimum lot size shall be increased by 1,000 square feet. Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed thirty- five percent (35%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Additional regulations for Neighborhoods 3 & 4: Of the 238 Type 2 Lots, not to exceed 119 lots can have up to 45% lot coverage; of the remaining lots the combined area covered by all main buildings and accessory structures shall not exceed forty percent (40%) of the total lot area. Swimming pools and spas shall not be included in determining Deleted: 1¶ Planning and Zoning Commission Page 80 of 151 Meeting Date: April 15, 2010 maximum building coverage. (Added by Ordinance 2007-30 P&Z, Approved 11/5/07) Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be in accordance with the following: Type of Structure Golf Course Lots All Other Lots One story residence 2,250 2,000 One and one half story or two story residence 2,250* 2,000* * Those residences with more than one (1) story shall have a minimum first floor area of 2,000 square feet. (Including garage area) Additional regulations for Neighborhoods 3 & 4: (Added by Ordinance 2007-30 P&Z, Approved 11/5/07) Type of Structure Golf Course Lots All Other Lots One story residence 2,700 2,700 One and one half story or two story residence 2,700* 2,700* Front Yard: 25 feet minimum Rear Yard: Golf Course: 35 feet minimum Rear Yard: 25 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard: Golf Course: 10 feet minimum Side Yard: 7.5 feet minimum; provided that the distance between buildings remains a minimum of 15 feet, the width of the side yard on one side may be reduced to not less than 5 feet Side Yard: Adjacent to Street: 15 feet minimum Lot Width: 80 feet minimum (measured at the front building line) Lot Width: Adjacent to Side Street: 90 feet minimum (measured at the front building line) Deleted: 1¶ Planning and Zoning Commission Page 81 of 151 Meeting Date: April 15, 2010 Lot Depth: 110 feet minimum Lot Depth: Corner or cul-de-sac lot: 100 feet minimum Garage: May not face front street unless set back at least 30 feet from front building line; may not face side street unless set back 50 feet from side street right-of-way. Additional regulations for Neighborhoods 3 & 4: Any lot that exceeds coverage in excess of 40% must have a 3-car garage. (Added by Ordinance 2007-30 P&Z, Approved 11/5/07) Deleted: 1¶ Planning and Zoning Commission Page 82 of 151 Meeting Date: April 15, 2010 C. Lot Type 3: 1. Purpose: This lot type is designed to allow single family detached dwellings on lots of not less than eight thousand, four hundred (8,400) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 3 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 3 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations: No building shall exceed forty feet (40’) or two and one-half (2-1/2) stories in height. 5. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot size: 8,400 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed forty percent (40%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Minimum Floor Area: 1,800 square feet Front Yard: 25 feet minimum Deleted: 1¶ Planning and Zoning Commission Page 83 of 151 Meeting Date: April 15, 2010 Rear Yard: 20 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard: 5 feet minimum Side Yard Adjacent to Street: 15 feet minimum Lot Width: 70 feet minimum (measured at front building line) Lot Width Adjacent to Side Street: 80 feet minimum (measured at front building line) Lot Depth: 110 feet minimum Lot Depth (corner or cul-de-sac lot): 90 feet minimum Garage: May not face front street unless set back at least 30 feet from the front building line; may not face side street unless set back 50 feet from the side street right-of-way. Deleted: 1¶ Planning and Zoning Commission Page 84 of 151 Meeting Date: April 15, 2010 D. Lot Type 4: 1. Purpose: This lot type is designed to allow single family detached dwellings on lots of not less than seven thousand, two hundred (7,200) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 4 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 4 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations: No building shall exceed forty feet (40’) or two and one-half (2-1/2) stories in height. 5. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 7,200 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed forty-three percent (43%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Minimum Floor Area: One-Story = 1,650 square feet Two-Story = 1,800 square feet Front Yards: Front yard setbacks shall vary and shall be shown on the Final Plat for the subdivision. To create a variety of front yards on each street, a relatively equal number of lots shall Deleted: 0 Deleted: 1¶ Planning and Zoning Commission Page 85 of 151 Meeting Date: April 15, 2010 be platted with 20’, 23’, and 26’ minimum front yards. Rear Yard: 20 feet minimum (No rear yard shall face any street without approval from the Planning and Zoning Commission; provided, however, that this requirement shall not apply where the rear yard of a lot abuts a street which is contiguous to the perimeter of the Town.) Side Yard: A minimum of five (5) feet on each side. Side Yard Adjacent to Street: 15 feet minimum Lot Width: 60 feet minimum (measured at front building line) Lot Width Adjacent to Side Street: 70 feet (measured at front building line) Lot Depth: 100 feet minimum Lot Depth (corner or cul-de-sac lot): 85 feet minimum Garages: May face front or side street. At least 75% of garages shall be set back 2’ from the main façade. Garage doors facing a street must have one of the following: 1) Covered by a minimum 4’ deep Porte-cochere or eave, or 2) Set back 10’ minimum from main façade; and at least one of the following: 3) Architectural enhancements to garage doors, which can include decorative hardware, decorative windows, or panel detailing. Deleted: 1¶ Planning and Zoning Commission Page 86 of 151 Meeting Date: April 15, 2010 E. Lot Type 5: 1. Purpose: This lot type is designed to allow single family detached dwellings on lots of not less than five thousand, two hundred fifty (5,250) square feet, together with the allowed incidental and accessory uses. 2. Permitted Uses: Land use and structures shall comply with uses permitted for single family residential districts in Section 13 of the Town of Trophy Club Zoning Ordinance and in accordance with the following: a. Accessory Uses: Accessory uses shall be permitted within Lot Type 5 in accordance with the regulations provided in Section 35, Accessory Structures. b. Conditional Uses: Conditional uses may be permitted within the Lot Type 5 in accordance with the regulations provided in Section 44, Conditional Use Permit. c. Limitation of Uses: Any use not expressly permitted or allowed by permit herein is prohibited. 3. Plan Requirements: No application for a building permit for the construction of a building or structure shall be approved unless a plat, meeting all the requirements of the Town of Trophy Club, has been approved by the Town Council and recorded in the Denton County Plat Record. 4. Height Regulations: No building shall exceed two (2) stories in height, the maximum height of two stories not to exceed forty (40) feet. 5. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 5,250 square feet minimum 65 lots larger than 6,000 sq. ft. 30 lots larger than 7,000 sq. ft. Lot Coverage: The combined area covered by all main buildings and accessory structures for lots:  less than 6,000 sq. ft. shall not exceed fifty percent (50%) of the total lot area;  equal to or greater than 6,000 sq. ft. shall not exceed sixty percent (60%) of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. Minimum Floor Area: 1,800 square feet. Deleted: 1¶ Planning and Zoning Commission Page 87 of 151 Meeting Date: April 15, 2010 Front Yard: 15-ft. minimum for main façade of home; Garage door must have a minimum 20-ft. front setback. Rear Yard: 20 feet minimum Side Yard: 5 feet Side Yard Adjacent to Street: 10 feet minimum Lot Width: 50 feet minimum (measured at the front building line) Lot Width Adjacent to Side Street: 55 feet minimum (measured at the front building line) Lot Depth: 100 feet minimum Lot Depth (corner or cul-de-sac lot): 85 feet minimum Garages: May face front or side street. Must have a minimum 20-ft. front setback. All garage doors must be stained cedar. All garages must have a minimum 2-ft. offset between the front elevation of the house and the garage. 6. Gifts to the Street: In addition to the three (3) “Gifts to the Street” required in Section VI, Development and Design Standards, Subsection F.1, each Lot Type 5 single family home in Neighborhood 8 must utilize three of the following improvements:  Exposed aggregate driveway  10/12 pitch roof  Masonry arches  Two 3-inch trees  Two carriage lights on the front of the home  Divided light windows 7. Screening Regulations:  Perimeter landscaping and screening adjacent to Trophy Park Drive shall match the existing landscape and screening on the opposite side of Trophy Park Drive. Materials and construction specifications shall be approved by Town prior to construction.  Perimeter landscaping and screening adjacent to Trophy Club Drive shall match the existing landscape and screening constructed on Trophy Club Drive within The Highlands at Trophy Club development. Materials and construction specifications shall be approved by Town prior to construction. Deleted: 1¶ Planning and Zoning Commission Page 88 of 151 Meeting Date: April 15, 2010 TA B L E N O . 4 - 1 Su m m a r y o f L o t T y p e R e g u l a t i o n s Lo t Ty p e Mi n . Sq u a r e Fo o t a g e Ty p i c a l Di m e n s i o n s Mi n . Wi d t h Mi n . De p t h Ya r d S e t b a c k s M i n . D w e l l i n g S q u a r e Fo o t a g e F r o n t S i d e Si d e Ad j a c e n t To S t r e e t Re a r G o l f O t h e r s 1 * 1 2 , 0 0 0 s . f . 1 0 0 ’ x 1 2 0 ’ 9 0 ’ 1 1 0 ’ 2 5 ’ * 1 0 ’ 2 0 ’ *2 5 ’ 2, 5 0 0 s . f 2,000 s.f. 2 * 1 0 , 0 0 0 s . f . 8 0 ’ x 1 2 5 8 0 ’ 1 1 0 ’ 2 5 ’ * 7 . 5 ’ 1 5 ’ *2 5 ’ 2, 5 0 0 s . f 2,000 s.f. 3 8 , 4 0 0 s . f . 7 0 ’ x 1 2 0 ’ 7 0 ’ 1 1 0 ’ 2 5 ’ 5 ’ 1 5 ’ 20 ’ 1, 8 0 0 s . f . 4 7 , 2 0 0 s . f . 6 0 ’ x 1 2 0 ’ 6 0 ’ 1 0 0 ’ 2 0 ’ - 2 6 ’ 5 ’ 1 5 ’ 20 ’ 1, 6 5 0 s . f . 5 5 , 2 5 0 s . f . 5 0 ’ x 1 0 5 ’ 5 0 ’ 1 0 0 ’ 1 5 ’ / 2 0 ’ * * 5 ’ 1 0 ’ 20 ’ 1, 8 0 0 s . f . *A d d i t i o n a l G o l f C o u r s e L o t R e q u i r e m e n t s . R e f e r t o L o t T y p e R e g u l a t i o n s . ** 1 5 - f t . m i n i m u m f o r m a i n f a ç a d e o f h o m e ; G a r a g e d o o r m u s t h a v e a m i n i m u m 2 0 - f t . f r o n t s e t b a c k . (S i d e Y a r d S e t b a c k f o r L o t T y p e 3 T y p o g r a p h i c a l E r r o r c o r r e c t e d b y C o u n c i l , O r d i n a n c e 2 0 0 8 - 3 9 P & Z , A p p r o v e d 1 2 / 1 / 0 8 ) Deleted: 1¶ Pl a n n i n g an d Zo n i n g Co m m i s s i o n Pa g e 89 of 15 1 Meeting Date: April 15, 2010 V. NEIGHBORHOOD REGULATIONS A. Neighborhood 1: Neighborhood 1 shall include the following four (4) lot types:  Lot Types 1 and 2 shall be required along Trophy Club Drive and represent approximately 20 lots with Lot Type 1 at the corner lots of the one-way courts facing Trophy Club Drive.  Lot Type 3 - Approximately 22 lots.  Lot Type 4 - Approximately 177 lots. Total Number of Lots: 219 B. Neighborhood 2: Neighborhood 2 shall include the following two (2) lot types:  Lot Type 1 shall be required along Trophy Club Drive at the corner lots of the one-way courts facing Trophy Club Drive and represent approximately 6 lots.  Lot Type 2 - Approximately 144 lots. Total Number of Lots: 150 C. Neighborhood 3: Neighborhood 3 shall include the following two (2) lot types:  Lot Types 1 shall be required along Trophy Club Drive at the corner lots of the one-way courts facing Trophy Club Drive and represent approximately 4 lots.  Lot Type 2 – Approximately 136 lots. Total Number of Lots: 140 D. Neighborhood 4: Neighborhood 4 shall include the following two (2) lot types:  Lot Type 1 shall be located adjacent to the Golf Course and represent approximately 80 lots.  Lot Type 2 - Approximately 104 lots. Total Number of Lots: 184 Deleted: 1¶ Planning and Zoning Commission Page 90 of 151 Meeting Date: April 15, 2010 E. Neighborhood 5: Neighborhood 5 shall include the following three (3) lot types:  Lot Types 1 and 2 shall be required along Trophy Club Drive with Lot Type 1 required at the corner lots of the one-way courts facing Trophy Club Drive and represent approximately 34 lots.  Lot Type 3 - Approximately 137 lots. Total Number of Lots: 171 F. Neighborhood 6: Neighborhood 6 shall include the following two (2) lot types:  Lot Type 1 shall be located at the corner lots of the one-way courts facing Trophy Club Drive and adjacent to the Golf Course between NH-4 and NH-6. Lot Type 1 shall represent approximately 35 lots.  Lot Type 2 - Approximately 136 lots. Total Number of Lots: 171 G. Neighborhood 7: Neighborhood 7 shall include the following two (2) lot types:  Lot Type 1 – One (1) lot.  Lot Type 3 - Approximately 222 lots. Total Number of Lots: 223 H. Neighborhood 8: Neighborhood 8 shall include the following one (1) lot type:  Lot Type 5 shall represent a maximum of 185 lots. Total Number of Lots: 185 The Private Open Space within the Neighborhood 8 property limits will be maintained by a Homeowners Association. A connector trail in Neighborhood 8 behind open space is required. Deleted: 1¶ Planning and Zoning Commission Page 91 of 151 Meeting Date: April 15, 2010 I. Neighborhood 9: Neighborhood 9 shall include the following lot type:  Lot Type 1 - Approximately 46 lots. Total Number of Lots: 46 The maximum number of lots permitted within the Highlands at Trophy Club PD District shall not exceed 1,489 lots. The number of lots for any given lot type in a neighborhood can increase by a maximum 5% but the total number of lots can not exceed 1,489 lots and the total number of Lot Types 3-5 shall not exceed the totals listed in Table 5-1 (for each Lot Type individually). Deleted: 1¶ Planning and Zoning Commission Page 92 of 151 Meeting Date: April 15, 2010 FIGURE NO. 5-1 Deleted: 1¶ Planning and Zoning Commission Page 93 of 151 Meeting Date: April 15, 2010 TA B L E N O . 5 - 1 Ne i gh b o r h o o d L o t a n d D e n s i t y S u m m a r y Ty p e 1 2 3 4 5 Mi n S F 12 , 0 0 0 1 0 , 0 0 0 8 , 4 0 0 7 , 2 0 0 5 , 2 5 0 T o t a l Gr o s s Ac r e a g e Op e n Sp a c e Ne t Ac r e a g e Gr o s s De n s i t y Ne t De n s i t y NH 1 4 1 6 2 2 1 7 7 - 2 1 9 8 4 . 3 1 2 0 . 5 0 6 3 . 8 1 2 . 6 3 . 4 2 6 1 4 4 - - - 1 5 0 6 1 . 9 5 0 . 0 0 6 1 . 9 5 2 . 4 2 . 4 3 4 1 3 6 - - - 1 4 0 5 8 . 8 1 5 . 2 8 5 3 . 5 3 2 . 4 2 . 6 4 8 0 1 0 4 - - - 1 8 4 8 8 . 7 2 0 . 0 0 8 8 . 7 2 2 . 1 2 . 1 5 4 3 0 1 3 7 - - 1 7 1 7 9 . 9 1 2 6 . 0 4 5 3 . 8 7 2 . 1 3 . 2 6 3 5 1 3 6 - - - 1 7 1 8 4 . 6 7 9 . 3 3 7 5 . 3 4 2 . 0 2 . 3 7 1 - 2 2 2 - - 2 2 3 1 2 1 . 0 7 3 9 . 0 3 8 2 . 0 4 1 . 8 2 . 7 8 - - - - 1 8 5 1 8 5 5 2 . 6 6 0 . 0 0 5 2 . 6 6 3 . 5 3 . 5 9 4 6 - - - - 4 6 1 9 . 2 3 0 . 0 0 1 9 . 2 3 2 . 4 2 . 4 Pu b l i c P a r k N / A 2 9 . 2 2 0 . 0 0 2 9 . 2 2 N / A N / A Re s i d e n t i a l T o t a l 18 0 5 6 6 3 8 1 1 7 7 1 8 5 1 , 4 8 9 6 8 0 . 3 3 10 0 . 1 8 5 8 0 . 1 5 2 . 2 2 . 6 Pe r c e n t a g e 12 . 1 % 3 8 . 0 % 2 5 . 6 % 1 1 . 3 % 1 2 . 4 % 1 0 0 . 0 % - - - - Vi l l a g e C e n t e r - - - - - N / A 1 6 . 5 9 1 6 . 5 9 N / A N / A To t a l 1 , 4 8 9 6 9 6 . 9 2 5 9 6 . 7 4 N / A N / A No t e s : 1. N e t A c r e a g e – N e t o f F E M A F l o o d p l a i n a n d F l o w a g e E a s e m e n t . Deleted: 1¶ Pl a n n i n g an d Zo n i n g Co m m i s s i o n Pa g e 94 of 15 1 Meeting Date: April 15, 2010 J. Village Center: 1. Permitted Uses: a. Bakery b. Bank c. Barber or beauty salon d. Bookstores e. Cafes with or without patio f. Community Facilities to include libraries g. Day Care h. Day spa (hair salon, facial treatment, massages) i. Dry cleaning and laundry (pickup/drop-off only) j. Financial institutions k. Florist (no outdoor storage) l. Furniture sales (no outside sales or display) m. Kindergarten n. Municipal facilities to include Fire, Police, and EMS o. Pet services including veterinarian (without outdoor kennels) p. Professional and administrative offices q. Religious Institutions r. Restaurants s. Schools, Private or Public t. Specialty Shops 2. Architectural and Site Design Standards: These design standards shall apply to all Permitted Uses except Day Care, Kindergarten, Schools (Private or Public), and Religious Institutions. These uses shall meet the Town of Trophy Club design requirements. Deleted: 1¶ Planning and Zoning Commission Page 95 of 151 Meeting Date: April 15, 2010 a. Building Walls and Roofs 1) An expression line shall delineate divisions between floors of all buildings, and a cornice shall delineate the tops of facades that do not utilize a pitched roof. 2) All buildings shall be designed such that no mechanical equipment (HVAC, etc.) and satellite dishes are visible from the public right-of-way or open space, whether the equipment is located on the ground, exterior walls or the roof. To screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a 6,000 square feet or less footprint shall be constructed with a pitched roof. Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched or parapet roof system enclosed on all sides. 3) Mansard roofs and flat membrane-type roofs that are visible from ground level are prohibited. 4) For retail storefronts, a transom, display window area and bulkhead at the base shall be utilized. 5) Ground floor retail building plate heights should provide for at least fourteen feet (14’) in height. 6) Generally, windows shall be oriented vertically. Deleted: 1¶ Planning and Zoning Commission Page 96 of 151 Meeting Date: April 15, 2010 7) Columns and piers generally shall be spaced no farther apart than they are tall. 8) Transparency: i. Each floor of any building façade facing a park, plaza or street shall contain transparent windows covering from fifteen percent (15%) to seventy-five percent (75%) of the façade area. ii. In order to provide clear views of merchandise and to provide natural surveillance of exterior street spaces, the ground-floor along the retail storefront facade shall have transparent storefront windows covering no less than fifty percent (50%) of the façade area. iii. Entryways recessed at least four feet (4’). b. Permitted Finishes: 1) At least eighty percent (80%) of the exterior of all new buildings (excluding doors and windows) shall be finished in one or more of the following materials: i. Brick, stone, cast stone, or stucco. ii. Split face concrete block, poured-in-place concrete, and tilt-wall concrete. It is the intent that any use of concrete products shall have an integrated color and be textured or patterned. Tilt-wall concrete structures shall include reveals, punch-outs, or other similar surface characteristics to enhance the façade on at least twenty percent (20%) of each façade. iii. Side facades and rear facades shall be of finished quality and of the same color and materials that blend with the front of the building. Rear facades may be painted tilt-wall or painted block matching the same color of the rest of the building if the rear façade faces an alley or is not viewable from a public street or right-of-way. Deleted: 1¶ Planning and Zoning Commission Page 97 of 151 Meeting Date: April 15, 2010 2) To improve the pedestrian orientation, the ground floor of commercial/retail buildings shall utilize a combination of the following, unless otherwise approved by the Town: i. Corbelling, molding, string coursing, ornamentation, changes in material and color, or other sculpturing of the base; ii. Recessed windows or other techniques to distinguish the windows in the façade such as arches, pediments and mullions; and iii. Entryways recessed at least four feet (4’). 3) The utilization of repetitive storefronts for “architectural” consistency is discouraged in order to maintain an interesting street experience; although the utilization of common architectural elements shall be considered to facilitate a certain level of functional continuity. c. Building Orientation and Pedestrian Site Design: 1) Any building (excluding parking garages and other accessory buildings) viewed from a public right-of-way or public open space shall either face such right-of-way or open space, or shall have a façade facing such area in keeping with the character of the front façade, including the utilization of similar fenestration and materials. 2) Pedestrian Elements To improve the walkability and access of commercial and retail areas, the following are encouraged in the site design of a project: i. Patio/café seating areas ii. Bicycle racks iii. Continuous walkways linking stores vi. Shade provided by building orientation, canopies and/or trees vii. Decorative Trash receptacles Deleted: 1¶ Planning and Zoning Commission Page 98 of 151 Meeting Date: April 15, 2010 3) Parking Lot and Building Frontage Landscaping and Design i. A minimum of fifteen (15) square feet of landscaping including tree islands for each parking space shall be provided within the paved boundaries of the parking lot, with the landscaped areas protected by raised curbs except where wheel stops are utilized at the front of parking spaces along a landscaped median between parking bays, and pavement no closer than three feet (3’) from the trunk of trees. ii. Landscaped islands of a minimum of five feet (5’) in width and extending the entire length of the parking stall generally shall be located at the terminus of all parking rows and shall contain at least one three inch (3”) caliper tree consistent with the Tree List in Section VI – Development and Design Standards. iii. Parking spaces shall be a minimum depth of 18 feet and a minimum width of 9 feet; to encourage better shade patterns, parking bays shall be separated by a minimum five foot (5’) wide landscaped median (See illustration below), with three inch (3”) caliper shade trees planted every thirty feet and wheel stops placed so as to allow the front of vehicles to encroach over the landscaped median without hitting the trees. Deleted: 1¶ Planning and Zoning Commission Page 99 of 151 Meeting Date: April 15, 2010 iv. Foundation plantings are required for buildings or groups of buildings greater than 40,000 square feet and where the front building facade does not abut a public sidewalk, including a 3.0 inch caliper shade tree for every 10,000 square feet of gross building area consistent with the Tree List as set forth in Section VI. Small ornamental trees are permitted on a ratio of 4 to 1 instead of 3.0 inch caliper shade trees. This is intended to enhance the pedestrian experience in front of larger buildings and to break up large impervious surfaces between parking areas and the building. Foundation planting trees shall be planted within approximately 30 feet of the front façade and are required in addition to any street trees required herein. Tree grates shall be utilized for trees planted less than four (4) feet back of curb. Tree spacing shall not impede sign visibility or pedestrian safety but shall be placed so as to provide an effective shade environment in front of the building. d. Loading Areas and Trash Receptacles: 1) Loading and service areas shall be located at the side of or in the rear of buildings. Every effort should be made to reduce the need for segregated loading and service areas by ensuring that deliveries are made off-hours. Such uses as grocery stores, however, may require a loading dock area. Where tractor/semi-trailer delivery may conflict with Deleted: 1¶ Planning and Zoning Commission Page 100 of 151 Meeting Date: April 15, 2010 land uses on or adjacent to the site, then the following standards shall be followed: i. Loading and service areas shall be located at the side or rear of buildings. ii. Off-street loading areas shall be screened from view of any street public open space or adjacent property. iii. Loading areas shall be enclosed on three sides by a wall or other screening device not less than 10 feet in height. iv. Loading areas shall not be located closer than 50’ to any residential lot, unless wholly within an enclosed building. v. Screening materials shall be comprised of a wall that has a similar finish to the primary structure, or a combination of trees and shrubs that will result in solid screening within 2 years. vi. However, when adjacent to a residentially zoned district a screening wall with landscaping shall be used. 2. Trash/Recycling Receptacles: i. Commercial trash/recycling containers shall be located on the side or rear of the building and screened from public view. ii. Such containers shall be located at least 50’ away from adjacent residential property lines. iii. Such containers shall be screened on 4 sides, using an enclosure that is 7’ tall or of a height that is a minimum of 1’ above the top of the container, whichever is taller. Screening shall be comprised of brick, stone, reinforced concrete, or other similar masonry materials that have a similar finish to the primary finish; and all fence posts shall be rust- protected metal, concrete based masonry or concrete pillars. Deleted: 1¶ Planning and Zoning Commission Page 101 of 151 Meeting Date: April 15, 2010 iv. 6” concrete filled steel pipes shall be located to protect the enclosure from truck operations. v. Such container enclosures shall have steel gates and tie-backs to secure them in an open position, and fasteners to keep them closed. vi. Screening shall be maintained at all times. e. Signage 1) General: Signs shall be flat against the façade, projecting from the façade or ground monument mounted. No signs shall project above the façade unless approved as part of a site plan as a “landmark sign” such as a theater marquee or other special sign located in an prominent location and intended to provide a special character to the district and orientation to visitors. 2) Lighting: Signs shall generally be externally lit. Only individual letters and symbols may be internally lit. Neon signs shall be prohibited. 3) Finish Materials: Materials shall complement the architecture of the building, and may include wood— painted or natural; metal—copper, brass, galvanized steel; painted canvas; paint; engraving directly on façade surface; and brick or stone for monument signs. 4) Wall Signs: i. One and a half (1.5) square feet of signage is permitted for each linear foot of the primary facade of the building, excluding wing walls. (E.g. a 100’ long building façade would allow for 150 square feet of wall sign area on the building.) ii. Only one building façade with a primary entrance may be used to calculate wall signage. iii. Wall signs may be placed on any face of the building except if adjacent to a residential lot. iv. Maximum area of any single sign mounted perpendicular to a given façade shall not exceed 10 square feet unless it protrudes above the top of the facade. Deleted: 1¶ Planning and Zoning Commission Page 102 of 151 Meeting Date: April 15, 2010 v. Protruding or hanging signs shall maintain a minimum clear height of eight (8) feet above the sidewalk. 5) Monument Signs: i. Monument signs up to eight (8) feet in height are the only permanent freestanding signs allowed. ii. Maximum area of a monument sign shall be 96 square feet per sign face. Monument signs may have only two (2) sign faces. iii. If a Commercial Neighborhood extends over 1000 linear feet, then one monument sign per 500’ of frontage is permitted. (E.g. a site with 1,000’ or more of frontage may have two (2) monument signs, a site with 1,500’ or more may have three (3) signs, etc.). iv. The structure of monument signs shall be constructed of materials and colors utilized on the primary building’s façade. v. Monument signs must be spaced a minimum of two hundred fifty feet (250’) apart, unless approved otherwise at Detailed Site Plan. 6) Parking: Retail and office uses shall meet the Town’s parking standards at the time of development. Deleted: 1¶ Planning and Zoning Commission Page 103 of 151 Meeting Date: April 15, 2010 K. RESTAURANT DESIGN GUIDELINES – VILLAGE CENTER PURPOSE The Highlands at Trophy Club has many desirable aesthetic qualities and neighborhoods with unique character. These attributes are closely guarded and nurtured to protect the community and ensure design excellence. The Restaurant Design Guidelines – Village Center is intended to be responsive to developers while promoting good design. These guidelines are applicable to all restaurant types as they are structured to respond to the varying conditions and constraints inherent to individual sites within Village Center. DESIGN GUIDELINES These guidelines are intended to address exterior elements of restaurant design to help promote cohesive design and enable comprehensive review of all new buildings. All proposals should be in accordance with the zoning ordinance and PD-27 architectural and site design standards, as well as adhere to the requirements stated in this guideline in the following five areas: Site Design, Architecture, Landscape Design, Lighting, and Signage/Corporate Identification. Site Design The components of a restaurant to be considered in site design include, but are not limited to:  Primary structure, entry and associated outdoor waiting area  Outdoor dining  Service, utility infrastructure, refuse and storage area  Pedestrian and vehicular circulation systems, and parking  Drive through windows and associated equipment and stacking lanes Primary Structure, Entry and Associated Outdoor Waiting Area: All development proposals should show evidence of coordination with the site plan requirements as shown in the Town of Trophy Club Zoning Ordinance, Chapter 13, Article V, Supplementary District Regulations and the Architectural and Site Design Standards required in PD-27, Village Center. Development proposals should show evidence of coordination with contextual influences of neighboring properties in regard to building setbacks, orientation, and relationship of structures to each other and to the street. The layout of the site should respect and build upon the arrangement of buildings, open spaces and landscape elements of adjacent sites.  Where a common setback from the street is evident, new buildings should respect the established setback. Variation is allowed if the resulting arrangement of buildings defines a useful public space such as a plaza or open space.  Building entries should be convenient to parking, but also seek and develop shared vehicular access points with adjoining sites where feasible, and seek and develop pedestrian linkages between adjacent properties. Outdoor Dining: Outdoor dining areas are encouraged in Tract 2, oriented toward Northwest Park. Outdoor dining areas should be located away from neighboring residential areas and other sensitive uses. Deleted: 1¶ Planning and Zoning Commission Page 104 of 151 Meeting Date: April 15, 2010 Service, Utility Infrastructure, and Refuse Area:  The clustering of service and refuse areas is encouraged where adjacency of similar uses would allow such areas.  Service areas and refuse enclosures should be screened from public view and screened from adjacent sites.  Identify the location of utility infrastructure facilities early in the design process. When possible, locate utility cabinets, switching cabinets, transformers, cable boxes, communications infrastructure, backflow preventors, irrigation control boxes and other similar above ground utilities in locations that do not conflict with featured views, outdoor dining areas and circulation patterns. Utility cabinets should not be located within parking lot landscape islands or in highly visible locations within the right-of-way. Utilities should be screened to the extent allowable by operation requirements. Pedestrian and Vehicular Circulation Systems, and Parking: Site design shall accommodate a logical and safe vehicular and pedestrian circulation pattern that minimizes conflicts. Links for pedestrians should be direct and avoid circuitous routes that are not easily understood. Drive Through Windows and Associated Equipment and Stacking Lanes:  Drive-through windows, menu boards and associated stacking lanes should be carefully located to minimize the impacts on neighboring residential areas and should be adequately screened from the street, from public view, and from the view of adjacent sites.  Drive-through elements should be architecturally integrated into the building, rather than appearing to be applied or “stuck on” to the building.  Drive-through window circulation shall provide a minimum stacking distance of 100 feet to provide adequate length of stacking that does not interfere with the movement of traffic or pedestrians on or off-site.  A facility with a separate ordering point and pick-up window shall provide stacking space for at least three (3) vehicles in advance of each ordering point and stacking space for at least two (2) vehicles between each ordering point and pick-up window.  Entrances to drive-up lanes shall be at least 50 feet from driveways entering a public street.  The minimum width of each drive-through lane shall be 12 feet. The entrance to the lane and the direction of traffic flow shall be clearly designated by signs, or pavement marking, or raised curbs.  When residential adjacency exists, drive-through windows are not permitted. Architecture Each building will be evaluated with regard to the guidelines below to achieve a final building of good proportion and scale.  Buildings that derive their image predominantly from applied treatments that express corporate identity are discouraged. A building should conform to the Village Center Architectural and Site Design Standards first.  Awnings may be used on street level windows and doors and should be functional and provide maximum shade to the window area. Awnings are to be made of predominately natural or natural-appearing fabric or canopies. Awnings should not be internally lit. The bottom of an awning must be placed below the top of the window, but above the door. Deleted: 1¶ Planning and Zoning Commission Page 105 of 151 Meeting Date: April 15, 2010  If a tract is divided into pad sites that will support more than one restaurant, the restaurants should share similar design characteristics and design vocabulary. Precise replication is not necessary or desirable, but consideration should be given to similar color, material, and texture found within the architecture of the buildings.  Shading for outdoor dining should be architecturally integrated with the main structure. Landscape Design The landscape design of the site should contribute to the overall appearance and function of the site and streetscape.  Landscape should blend with the dominant existing or planned streetscape and character of the area.  Landscaping should be provided at the base of buildings to anchor them to the surrounding environment and soften the structure. In-ground landscaping should comprise the majority of the landscaping requirement and be maximized to provide shade and to reduce heat build-up and glare. Raised planters are acceptable when designed to accentuate the architecture and/or create pedestrian seating areas.  Landscaping should be placed to maximize screening from neighboring residential areas.  Dense landscaping and architectural treatments should be used in combination to screen unattractive views and features such as storage areas, trash enclosures, utility cabinets, and other similar elements.  The use of mature trees is encouraged to provide an immediate impact especially when used in buffering adjacent uses.  Proper maintenance and timely replacement of plant material is expected and required by ordinance. Lighting Site lighting and architectural lighting of restaurants should provide the user with illumination levels appropriate for the designed activity (i.e., parking, walking, outdoor dining). Illumination levels should also be reasonably uniform throughout the site and absent of glare.  A lighting design and plan is required. The lighting plan must include, but is not limited to: type of lighting equipment, lamp source and wattage, fixture locations, mounting height, shielding, mounting details, photometric data including point-by-point horizontal illuminance at ground level and uniformity ration, etc. (per consultant). All illumination of the site, including architectural lighting, should be taken into account in the lighting plan.  Avoid competing light levels and maintain balanced light levels on-site and between adjacent properties. The exterior lighting design must take into account the background lighting levels, lighting from other sources, and characteristics of the surrounding area. Signage/Corporate Identification Restaurant signage plans should reflect a balance between providing adequate signage for business identification while protecting the visual aesthetics of Trophy Club’s streetscapes.  Treatments used to achieve business identity such as awnings, paint, or signage should be used judiciously and should not be the dominant architectural feature.  All signage should be architecturally integrated with their surroundings in terms of size, shape, color, texture, and lighting so as to not visually compete with the architectural of the Deleted: 1¶ Planning and Zoning Commission Page 106 of 151 Meeting Date: April 15, 2010 building and site. Signs should be integrated such that they become a natural part of the building façade.  When multiple restaurants share one site, signs should be integrated as one unit to create shared identity for the property to the extent permitted by the ordinance or be located and/or designed as a package.  Building design should anticipate signage, providing logical sign areas and allowing flexibility for new users (if applicable).  Repetitious signage information on the same building façade should be avoided.  Signs composed of individual letters are encouraged. Back lit or indirectly lit individual letters are generally desirable. Visible raceways and transformers for individual letters are discouraged. Deleted: 1¶ Planning and Zoning Commission Page 107 of 151 Meeting Date: April 15, 2010 VI. DEVELOPMENT AND DESIGN STANDARDS A. Street Types: The following street types shall establish the criteria for streets allowed within The Highlands at Trophy Club PD District. Section drawings for each street type are illustrated in Exhibit D. 1. Trophy Club Drive (C4D – Major Collector, Divided, 90’ Right-of-Way). Classification: Designed to handle the large volumes of traffic from one area of Town to another and to serve as the major point of ingress/egress to the Town. Direct residential driveway access is not allowed. Public Right-of-Way Width: 90’ Design Speed: 40 m.p.h. Pavement Width: Two (2) - 25’ B/B Curb Radii: 30’ Minimum Centerline Radius for Curves: 700’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Landscape Median (Measured from Back-of-Curb): 18’ in Width Parking: No parking allowed. 2. Minor Collector (C2U – Minor Collector, 60’ Right-of-Way) Classification: Designed to carry neighborhood traffic to the major collectors. Direct residential driveway access is not allowed. Public Right-of-Way Width: 60’ Design Speed: 30 m.p.h. Pavement Width: 41’ B/B Curb Radii: 30’ Minimum Centerline Radius for Curves: 300’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Parking: Parking allowed on both sides of street. 3. Residential Avenue, 60’ Right-of-Way Classification: A street internal to the neighborhood designed to carry neighborhood traffic to minor collectors and thoroughfares. Public Right of Way Width: 60’ Design Speed: 30 m.p.h. Pavement Width: 37’ B/B Curb Radii: 25’ Minimum Centerline Radius for Curves: 300’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Parking: Allowed on both sides of street. Deleted: 1¶ Planning and Zoning Commission Page 108 of 151 Meeting Date: April 15, 2010 4. Local Street (L2U – Local Street, 50’ Right-of-Way) Classification: Designed to provide access to residential areas. Public Right of Way Width: 50’ Design Speed: 30 m.p.h. Pavement Width: 27’ B/B Curb Radii: 25’ Minimum Centerline Radius for Curves: 300’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Parking: Allowed on both sides of street. 5. Local Two – Way Court, 40’ Right-of-Way. Classification: Designed to provide access to residential areas. Use of this street section is restricted to single loaded streets adjacent to open space. Public Right-of-Way Width: 40’ Design Speed: 30 m.p.h. Pavement Width: 27’ B/B Curb Radii: 25’ Minimum Centerline Radius for Curves: 300’ Minimum Tangent between Reverse Curves: 50’ Minimum Sidewalk Width: 4’ Parking: Allowed on one side only. Parking is prohibited on the side of the street adjacent to open space. 6. Local One – Way Court, 35’ Right-of-Way. Classification: Designed to provide driveway access for homes facing Trophy Club Drive. Street is single loaded and has an open space buffer between the street and Trophy Club Drive. Number of lots served by this street section shall be limited to 30. Public Right-of-Way Width: 35’ Design Speed: 20 m.p.h. Pavement Width: 24’, or, 20’ with 4’ Hard Surface for Fire Access Curb Radii: TBD* Minimum Centerline Radius for Curves: TBD* Minimum Tangent between Reverse Curves: TBD* Minimum Sidewalk Width: 4’ Parking: Allowed on one side only. Parking is prohibited on the side of the street adjacent to open space. Sidewalk: Sidewalk is not required for homes facing a one-way court. *To be determined at time of platting Deleted: 1¶ Planning and Zoning Commission Page 109 of 151 Meeting Date: April 15, 2010 Existing platted streets shall conform to the standards established in The Highlands at Trophy Club Street Types when subject to redesign. However, this will not change already-platted right-of-way. The Town Engineer shall have the discretionary authority to consider and approve exceptions to the Street Design Standards based on compelling evidence of hardship on a case-by-case basis. Deleted: 1¶ Planning and Zoning Commission Page 110 of 151 Meeting Date: April 15, 2010 TA B L E N O . 6 - 1 Ro a d w a y S t a n d a r d s St r e e t T y p e De s i g n Sp e e d * St r e e t RO W Wi d t h St r e e t Pa v e m e n t Wi d t h Pa r k w a y W i d t h Cu r b Re t u r n Ra d i i Mi n i m u m Ce n t e r l i n e Ra d i i Me d i a n Wi d t h Mi n T a n g e n t B e t w e e n Re v e r s e C u r v e s C4 D - M a j o r C o l l e c t o r 40 9 0 ' 2 - 2 5 ' 1 1 ' 3 0 ' 7 0 0 ' 1 8 ' 5 0 ' C2 U - M i n o r C o l l e c t o r 30 6 0 ' 4 1 ' 9 . 5 ' 3 0 ' 3 0 0 ' - 5 0 ' Re s i d e n t i a l A v e n u e 30 6 0 ’ 3 7 ’ 1 1 . 5 ’ 2 5 ’ 3 0 0 ’ - 50 ’ L2 U - L o c a l S t r e e t 30 5 0 ' 2 7 ' 1 1 . 5 ' 2 5 ' 3 0 0 ’ - 5 0 ' Lo c a l T w o - W a y C o u r t 30 4 0 ' 2 7 ' 11 . 5 ' ( o n e s i d e on l y ) 2 5 ' 3 0 0 ’ - 5 0 ' Lo c a l O n e - W a y C o u r t 30 3 5 ' 2 4 ' * * 10 ' ( o n e s i d e on l y ) TB D * * * T B D * * * - T B D * * * No t e s : * D e s i g n S p e e d d o e s n o t i m p l y s p e e d l i m i t . S p e e d L i m i t s e t i n a c c o r d a n c e w i t h T o w n o r d i n a n c e . * * O r 2 0 ’ w i t h 4 ’ H a r d S u r f a c e f o r F i r e A c c e s s . A l l S t r e e t P a v e m e n t w i d t h s a r e t o b a c k o f c u r b . * * * T o b e d e t e r m i n e d a t t i m e o f p l a t t i n g Deleted: 1¶ Pl a n n i n g an d Zo n i n g Co m m i s s i o n Pa g e 11 1 of 15 1 Meeting Date: April 15, 2010 54 B. Accessory Structures: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 35 of the Town of Trophy Club Zoning Ordinance in effect at the time of Town Council approval of this ordinance. Nothing in this ordinance shall be construed as preventing any Architectural Control Committee with jurisdiction over any neighborhood from further restricting permission, location, and type of any accessory structure. C. Screening and Fences: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 45 of the Town of Trophy Club Zoning Ordinance in effect at the time of Town Council approval of this ordinance, with the following modifications: 1. Fencing on corner lots facing side streets shall be enhanced wooden fences (board-on-board or other design, with a top cap). All enhanced fencing within any neighborhood shall be consistent, and shall be approved with the Detailed Site Plan. 2. Fencing facing open space, parks, floodplain, or flowage easement shall be wrought iron (or tubular steel) as required by Town Ordinance, with the exceptions of the following that may be solid wood fencing: a) Facing gas well sites. b) Facing active use park areas (ball fields, swim center, neighborhood center, etc.) c) Facing other areas specifically approved at the time of Detailed Site Plan. 3. Side Yard Adjacent to Side Street: Side yard fences adjacent to a side street for Lot Types 1 and 2 shall be located 10-ft. from the property line, and must be 10-ft. behind the front façade; no differential for key lots. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) 4. Side Yard Adjacent to Side Street: Side yard fences adjacent to a side street for Lot Types 3 and 4 shall be located on the property line, and must be 10-ft. behind the front façade; no differential for key lots. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) 5. Side yards adjacent to perimeter fencing may connect to the perimeter fencing and the side yard fence must be located a minimum of ten feet (10-ft.) behind the front façade. The HOA will maintain the perimeter fencing; the homeowner will maintain the fence connecting to the perimeter fencing. (Added by Ordinance 2009-01 P&Z, Approved 1/5/09) 6. Lot Types 1, 2, and 3 may have a gate and associated fencing located parallel to, and even with the front facade of the Main Structure on the Lot, but at no point shall the gate and associated fencing be located Formatted: Font: 11 pt Formatted: Justified, Indent: Hanging: 36 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 3 + Alignment: Left + Aligned at: 90 pt + Tab after: 108 pt + Indent at: 108 pt Planning and Zoning Commission Page 112 of 151 Meeting Date: April 15, 2010 55 beyond the front facade of the Main Structure per the following requirements: a. The gate shall cross the driveway. b. The hinge-end(s) of the gate(s) shall terminate into a minimum 2’x 2’ masonry structure, the Main Structure, or an Accessory Building. c. The gate and associated fencing material must be wrought-iron, no wooden fence material will be allowed on any portion of the Lot from a point 10’ behind the front Build Line forward to the street right-of-way on which the Main Structure faces. d. The side yard fencing adjacent to the gate shall be wrought iron from the front building line to a point 10’ behind the front Building Line, at which point it shall transition to the required material for that remaining side yard area. e. If the Lot is located adjacent to a masonry screening wall, the wrought iron fence located parallel to, and even with the front facade of the Main Structure shall terminate at the point of contact with the masonry screening wall; In no instance shall the wrought iron fence extend down the side yard property line creating a “double-fencing” situation with the masonry screening wall. D. Landscape Standards: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 47 of the Town of Trophy Club Zoning Ordinance in effect at the time of Town Council approval of this ordinance. 1. Additional Requirements: a. The median within Trophy Club Drive shall have trees, minimum 3” caliper, spaced at fifty foot (50’) intervals. b. Common areas adjacent to streets shall have trees, minimum 3” caliper, spaced at fifty foot (50’) intervals. 2. Tree Requirements: A minimum of one (1) tree per 30’ of lot front yard width is required. Lot Type 2 shall have a minimum of two (2) trees. Trees are allowed in the parkway. Trees shall be a minimum 3” caliper and be one of the trees listed below to count toward tree requirements. Tree List Bald Cypress Bradford Pear Cedar Elm Chinese Pistachio Homestead Elm Formatted: Font: (Default) Arial, 11 pt, Font color: Black Formatted: Bullets and Numbering Formatted: Indent: Left: 72 pt Planning and Zoning Commission Page 113 of 151 Meeting Date: April 15, 2010 56 Lace Bark Elm “Little Gem” Magnolia Live Oak October Glory Maple Southern Magnolia Texas Red Oak E. Off-Street Parking Requirements: All development within The Highlands at Trophy Club Planned Development District shall comply with Section 48 of the Town of Trophy Club Zoning Ordinance. F. Residential Architectural Standards: 1. Gifts to the Street: All buildings shall utilize at least three (3) of the following design features to provide visual relief along the front of the residence: Architectural garage doors Architectural pillars or posts Bay window Brick chimney on exterior wall (front of house) Cast stone accents Covered front porches Cupolas or turrets Dormers Gables Garage door not facing street Metal roof accents Multiple types of masonry materials Recessed entries, a minimum of three (3) feet deep 812 Primary roof pitch Separate transom windows Variable roof pitch Shutters At least 20 percent of the houses constructed within each phase of the Planned Development Site Plan shall have a covered front porch. Buildings on corner lots shall be constructed with a Gift to the Street on both the front and side street elevations. 2. Building Materials: a. All residences shall be constructed primarily of masonry as set forth below. Masonry shall be defined for The Highlands at Trophy Club as brick, stone, and stucco. Other materials of equal or similar characteristics may be allowed upon approval of the Planning and Zoning Commission. i. For one-story homes and for the first story of two-story homes, 100% of all exterior wall surfaces shall be constructed of masonry, excluding doors, windows, boxed Planning and Zoning Commission Page 114 of 151 Meeting Date: April 15, 2010 57 or bay windows, ornamental trim, dormers, areas under covered porches one story in height, and other architectural projections. ii. For areas above the first story of two-story homes, a minimum of 80% of all exterior wall surfaces shall be constructed of masonry, excluding doors, windows, boxed or bay windows, ornamental trim, dormers, areas above a roof line, areas under covered porches not extending to the first floor, and other architectural projections. iii. For all homes, the front and street sides shall have 100% of all exterior wall surfaces constructed of masonry, excluding doors, windows, boxed or bay windows, ornamental trim, dormers, areas above a roof line, area under covered porches not extending to the first floor, and other architectural projections. b. Roofs shall be constructed of a process and of materials that shall have a minimum installation and manufacture’s warranty of thirty (30) years. Minimum roof pitch shall be a 6/12, except for the roofs of sheds and porches. Seamless and standing seam metal roofs are permitted provided that they are of architectural quality. No wooden shingles shall be used on roofs. 3. Garages: All residential lots shall provide a two-car (or larger) garage. The minimum dimension of two-car garages shall be 19.5’ in width and 21.5’ in depth. Garages shall not face a golf course. 4. Signage in Residential Areas: Monuments signs at the entry-ways of neighborhoods shall be allowed that conform to the monument standards approved by the Town. Ornamental hanging signs suspended from a decorative post shall be allowed in lieu of monument signs for entry-ways of neighborhoods. 5. HVAC Screening: All buildings shall be designed such that mechanical equipment (HVAC, etc.), excepting vents and stacks, is not visible from the public right-of-way or open space, or is screened by two (2) or more shrubs. The minimum height of shrubs at the time of installation/planting shall be at least three feet (3’) in height. 6. Lighting: Street lights shall be installed and located as required by the Town’s Subdivision Regulations. Homeowner alley lighting shall be located on garage walls facing the alley, shall be directed in a downward direction, and shall not exceed 100 watts. Planning and Zoning Commission Page 115 of 151 Meeting Date: April 15, 2010 58 Detailed typicals of street lights shall be determined at the time of Planned Development Detailed Site Plan. 7. Elevations: Single family house plans for Lot Types 1 – 5 shall vary from lot to lot as follows: a. The same floor plan with the same elevation shall be separated by a minimum of 4 lots (between them) on the same side of the street, and by a minimum of 2 lots (between them) on the opposite side of the street, with no two elevations located on an adjacent lot directly to the rear. b. The same floor plan with a different elevation shall be separated by a minimum of one (1) lot on the same or on the opposite side of the street. Planning and Zoning Commission Page 116 of 151 Meeting Date: April 15, 2010 59 VII. PARK AND OPEN SPACE REQUIREMENTS The Highlands at Trophy Club Planned Development District contains approximately 115-acres of floodplain and flowage easement. A minimum of 100-acres shall be dedicated to the Town as public open space and utilized for passive uses. In addition to the floodplain and flowage easement area, a minimum of two (2) public park sites shall be dedicated to the Town. The two (2) park sites within the Highlands of Trophy Club shall be a minimum 10-acres each, and the total park dedication shall be a minimum of 29-acres. A park site is proposed near Neighborhood 7 and adjacent to the Village Center as shown on the Concept Plan. The park location, size and configuration shall be approved by the Town with the Detailed Site Plan. Conceptual park plans are included in Exhibit C. The Developer shall construct a trail system consisting of a 8' trail pathway through the flowage easement that connects the proposed park sites. The Developer shall also provide park benches and other improvements along the trail. Sidewalks internal to the development will be used to connect the neighborhoods to the trail system. Where the trail utilizes sidewalks within the development, the sidewalk pathway shall be at least 6' wide. A Pathway Plan is included in Exhibit F. Maintenance shall be provided for all public and semi-public places including roadway medians and parkways by the Developer for 12 months. Park Dedication Area Summary Total Area Active Use Area Passive Use Area Location (Acres) (Acres) (Acres) Northwest Park Addition 13 11 2 Northeast Park 16 8 8 Open Space 100 100 Total: 129 19 110 Planning and Zoning Commission Page 117 of 151 Meeting Date: April 15, 2010 60 VIII. DEVELOPMENT SCHEDULE Date Total Lots 2nd Quarter 2008 Deliver 300 Lots 2009 450 2010 600 2011 800 2012 1000 2013 1200 2014 1400 2015 1489 Home construction anticipated through the end of 2016. Planning and Zoning Commission Page 118 of 151 Meeting Date: April 15, 2010 61 EXHIBIT “C” CONCEPT PLAN  696.9 Acre Concept Plan  Village Center Planning and Zoning Commission Page 119 of 151 Meeting Date: April 15, 2010 62 Pl a n n i n g an d Zo n i n g Co m m i s s i o n Pa g e 12 0 of 15 1 Meeting Date: April 15, 2010 63 EXHIBIT “D” STREET TYPE EXHIBITS  Trophy Club Drive – (C4D – Major Collector, Divided. 90’ Right-of-Way)  Minor Collector – (C2U – Minor Collector, 60’ Right-of-Way)  Residential Avenue – (60’ Right-of-Way)  Local Street – (L2U – Local Street, 50’ Right-of-Way)  Local Two Way Court - (40’ Right-of-Way)  Local One Way Court – (35’ Right of Way) Planning and Zoning Commission Page 121 of 151 Meeting Date: April 15, 2010 64 Planning and Zoning Commission Page 122 of 151 Meeting Date: April 15, 2010 65 Planning and Zoning Commission Page 123 of 151 Meeting Date: April 15, 2010 66 Planning and Zoning Commission Page 124 of 151 Meeting Date: April 15, 2010 67 Planning and Zoning Commission Page 125 of 151 Meeting Date: April 15, 2010 68 Planning and Zoning Commission Page 126 of 151 Meeting Date: April 15, 2010 69 Planning and Zoning Commission Page 127 of 151 Meeting Date: April 15, 2010 70 Planning and Zoning Commission Page 128 of 151 Meeting Date: April 15, 2010 71 EXHIBIT “E” PARK CONCEPT PLANS  Northeast Park  Northwest Park Planning and Zoning Commission Page 129 of 151 Meeting Date: April 15, 2010 72 Pl a n n i n g an d Zo n i n g Co m m i s s i o n Pa g e 13 0 of 15 1 Meeting Date: April 15, 2010 73 Pl a n n i n g an d Zo n i n g Co m m i s s i o n Pa g e 13 1 of 15 1 Meeting Date: April 15, 2010 74 EXHIBIT “F” PATHWAY PLAN Planning and Zoning Commission Page 132 of 151 Meeting Date: April 15, 2010 75 Pl a n n i n g an d Zo n i n g Co m m i s s i o n Pa g e 13 3 of 15 1 Meeting Date: April 15, 2010 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: March 29, 2010 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: Wednesday, March 31, 2010 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, April 15, 2010 TOWN COUNCIL Monday, April 26, 2010 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, April 15, 2010, to consider: Amending Ordinance No. 2007-15 P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club, to amend Exhibit “B” Development Standards to allow Lot Types 1, 2, and 3 to have a gate and associated fencing across the driveway; and other miscellaneous changes to PD-27 as related to this request as deemed necessary. The Town Council will hear the above item on April 26, 2010, at 7:00 p.m. in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive. Planning and Zoning Commission Page 134 of 151 Meeting Date: April 15, 2010 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: April 6, 2010 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: Wednesday, April 14, 2010 SUBJECT: Public Hearing COURTESY NOTICE – Previously Advertised March 31, 2010 NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, April 15, 2010 TOWN COUNCIL Monday, April 26, 2010 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, April 15, 2010, to consider: Amending Ordinance No. 2007-15 P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club, to amend Exhibit “B” Development Standards to allow Lot Type 4 to have 43% lot coverage, and other miscellaneous changes to PD-27 as related to this request as deemed necessary (request is part of item for Driveway Gate request previously advertised). The Town Council will hear the above item on April 26, 2010, at 7:00 p.m. in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive. Planning and Zoning Commission Page 135 of 151 Meeting Date: April 15, 2010 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 1 3 6 o f 1 5 1 M e e t i n g D a t e : A p r i l 1 5 , 2 0 1 0 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 1 3 7 o f 1 5 1 M e e t i n g D a t e : A p r i l 1 5 , 2 0 1 0 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 1 3 8 o f 1 5 1 M e e t i n g D a t e : A p r i l 1 5 , 2 0 1 0 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 1 3 9 o f 1 5 1 M e e t i n g D a t e : A p r i l 1 5 , 2 0 1 0 BDMR Development LLC 1221 N. Interstate 35E, #200 Carrollton, TX 75006-3806 Drees Custom Homes LP 6225 N. State Hwy 161, Suite 400 Irving, TX 75038-2225 High Trophy Development LP 1221 N. Interstate 35E #200 Carrollton, TX 75006-3806 K. Hovnanian Homes DFW LLC 5808 W. Plano Parkway Plano, TX 75093-4636 Centex Homes 1234 Lakeshore Dr., Suite 750a Coppell, TX 75019-4973 Lennar Homes of Texas 1707 Market Place, Suite 270 Irving, TX 75063 First Texas Homes 2221 E. Lamar Street, Suite 960 Arlington, TX 76006-7419 Standard Pacific of Texas LP 6333 N. State Highway 161 #350 Irving, Tx 75038-2228 Goodman Family of Builders LP 5808 W. Plano Parkway Plano, TX 75093-4636 Mercedes Homes of Texas LTD 4100 Alpha Rd., Suite 915 Dallas, TX 75244-4325 Gerald & Lynn Challender 2518 Morgan Lane Trophy Club, TX 76262 Alex & Mei De Cicco 2520 Morgan Lane Trophy Club, TX 76262 Stephen & Cathryn Babineaux 2522 Morgan Lane Trophy Club, TX 76262 Brenda Mahan 2524 Morgan Lane Trophy Club, TX 76262 Kristof & Katarzyna Koster 2526 Morgan Lane Trophy Club, TX 76262 Lary & Billie Wommack 2532 Morgan Lane Trophy Club, TX 76262 Lamonte & Emily Yorke 2534 Morgan Lane Trophy Club, TX 76262 Mohammad Burney 2536 Morgan Lane Trophy Club, TX 76262 Gary Stone 2538 Morgan Lane Trophy Club, TX 76262 Ming-shan Yang & Shu-ting Chang 2540 Morgan Lane Trophy Club, TX 76262 Wendy Williams 2544 Morgan Lane Trophy Club, TX 76262 Javed & Farzana Mannan 2547 Morgan Lane Trophy Club, TX 76262 Lucie & Adam Spicar 2545 Morgan Lane Trophy Club, TX 76262 James & Lea Drewery 2543 Morgan Lane Trophy Club, TX 76262 Michael & Jennifer Guenthardt 2531 Morgan Lane Trophy Club, TX 76262 Ryan & Jenny Wilson 2529 Morgan Lane Trophy Club, TX 76262 Elliott Young & Linda Smith 2525 Morgan Lane Trophy Club, TX 76262 Jamie & Dana Kizer 2523 Morgan Lane Trophy Club, TX 76262 Scott Kasden 2521 Morgan Lane Trophy Club, TX 76262 Ryan & Patia Boomsma 2519 Morgan Lane Trophy Club, TX 76262 Planning and Zoning Commission Page 140 of 151 Meeting Date: April 15, 2010 Robert & Wendy Murray 2522 Roseville Dr. Trophy Club, TX 76262 Keith & Melissa Killebrew 2520 Roseville Dr. Trophy Club, TX 76262 Philip & Deborah Marzano 2518 Roseville Dr. Trophy Club, TX 76262 Brian & Lisa Hunter 2516 Roseville Dr. Trophy Club, TX 76262 Charles & Denise Woodside 2731 Broadway Dr. Trophy Club, TX 76262 John Trapani 2733 Broadway Dr. Trophy Club, TX 76262 John & Theresa Giustra 2735 Broadway Dr. Trophy Club, TX 76262 Clifton Harris 2737 Broadway Dr. Trophy Club, TX 76262 Arturo Perez 2739 Broadway Dr. Trophy Club, TX 76262 Tinku & Asha Abraham 2732 Broadway Dr. Trophy Club, TX 76262 Antonio & Yolanda Perez 2728 Broadway Dr. Trophy Club, TX 76262 Joseph & Jacqueline Speake 2726 Broadway Dr. Trophy Club, TX 76262 Charles & Patti Mores 2716 Broadway Dr. Trophy Club, TX 76262 Klaus Schonewald 2714 Broadway Dr. Trophy Club, TX 76262 Charles Cherry & Angela Nix-Cherry 2712 Broadway Dr. Trophy Club, TX 76262 Shirlee Geer 2710 Broadway Dr. Trophy Club, TX 76262 Jeffrey & Sandy Gartland 2708 Broadway Dr. Trophy Club, TX 76262 Randal & Sandra Magg 2706 Broadway Dr. Trophy Club, TX 76262 Janet Messenbrink 2704 Broadway Dr. Trophy Club, TX 76262 Andrew & Kara Clugston 2702 Broadway Dr. Trophy Club, TX 76262 Rosario Aldieri 2700 Broadway Dr. Trophy Club, TX 76262 Rogers & Judith Warren 2717 Broadway Dr. Trophy Club, TX 76262 Michael & Victoria Birckett 2715 Broadway Dr. Trophy Club, TX 76262 Giuseppe Polizzi 2543 Broadway Dr. Trophy Club, TX 76262 Dickens Benoit 2541 Broadway Dr. Trophy Club, TX 76262 Jeff & Carrie Fowler 2537 Broadway Dr. Trophy Club, TX 76262 Tim & Michelle Glaser 2533 Broadway Dr. Trophy Club, TX 76262 Ty & Aprille Brewer 2533 Broadway Dr. Trophy Club, TX 76262 Richard & Kimberly Mayberry 2531 Broadway Dr. Trophy Club, TX 76262 Christina Ullrich 2527 Broadway Dr. Trophy Club, TX 76262 Planning and Zoning Commission Page 141 of 151 Meeting Date: April 15, 2010 Michelle Sharma 2519 Broadway Dr. Trophy Club, TX 76262 Ivan & Edna Prosperi 2517 Broadway Dr. Trophy Club, TX 76262 Constance Edwards 2624 Broadway Dr. Trophy Club, TX 76262 Mark Kahapea 2600 Broadway Dr. Trophy Club, TX 76262 Debra Taylor 2524 Broadway Dr. Trophy Club, TX 76262 Dean & Liza Bobel 2522 Broadway Dr. Trophy Club, TX 76262 Gregory & Christine Phillips 2520 Broadway Dr. Trophy Club, TX 76262 David & Hayley Little 2518 Broadway Dr. Trophy Club, TX 76262 Jerry & Sandra Griffin 2609 Broadway Dr. Trophy Club, TX 76262 James & Deana Sabey 2601 Broadway Dr. Trophy Club, TX 76262 Frank Vegely 2416 Rosebury Lane Trophy Club, TX 76262 Joseph & Lindsey Patti 2414 Rosebury Lane Trophy Club, TX 76262 Randall & Donna Conn 2452 Lilyfield Dr. Trophy Club, TX 76262 Kang Po Chin 2454 Lilyfield Dr. Trophy Club, TX 76262 Charles & Barbara Boedeker 2422 Lilyfield Dr. Trophy Club, TX 76262 Dolores H. Ziluca Trust 2412 Lilyfield Dr. Trophy Club, TX 76262 Christopher & Jennifer Dormer 2402 Lilyfield Dr. Trophy Club, TX 76262 Joel Ray & Dale Fodness 2403 Lilyfield Dr. Trophy Club, TX 76262 Tanda & Robert Russell 2405 Lilyfield Dr. Trophy Club, TX 76262 Scott Folley 2407 Lilyfield Dr. Trophy Club, TX 76262 Marc & Sherry Thiltgen 2411 Lilyfield Dr. Trophy Club, TX 76262 Marvin & Valerie Jones 2413 Lilyfield Dr. Trophy Club, TX 76262 Anthony & Stacey Mullins 2415 Lilyfield Dr. Trophy Club, TX 76262 Faye & James Jaraczewski 2417 Lilyfield Dr. Trophy Club, TX 76262 Michael & Susan Fitzgerald 2421 Lilyfield Dr. Trophy Club, TX 76262 Jesus Monroy 2423 Lilyfield Dr. Trophy Club, TX 76262 Leigh Anne Harville 2512 Mona Vale Rd. Trophy Club, TX 76262 Sunday & Steve Leek 2505 Mona Vale Rd. Trophy Club, TX 76262 Kimie & Mark Lishman 2513 Mona Vale Rd. Trophy Club, TX 76262 Geoffrey & Fawn Rohrer 2519 Mona Vale Rd. Trophy Club, TX 76262 Planning and Zoning Commission Page 142 of 151 Meeting Date: April 15, 2010 Stanley & Elizabeth Sokul 2606 Bellshill Lane Trophy Club, TX 76262 Jose & Heather Maher 2516 Ralston Dr. Trophy Club, TX 76262 Harry Freed 2514 Ralston Dr. Trophy Club, TX 76262 Winston & Michelle Hermann 2512 Ralston Dr. Trophy Club, TX 76262 Kristen & Daniel Biesiadecki 2505 Ralston Dr. Trophy Club, TX 76262 CWS Logistics Ltd 10-75 Scurfield Blvd. Winnipeg WB R3Y 1P6 CANADA Andrew Guenther 2511 Ralston Dr. Trophy Club, TX 76262 Jason & Mary Childree 2517 Ralston Dr. Trophy Club, TX 76262 Thomas & Kim McLain 2519 Ralston Dr. Trophy Club, TX 76262 Melvin Sebastian & Deby Karote 2403 Strathfield Lane Trophy Club, TX 76262 Wen Ren 2512 Strathfield Lane Trophy Club, TX 76262 Greg & Amy Langford 2515 Strathfield Lane Trophy Club, TX 76262 Lowell & Kim Strike 2521 Strathfield Lane Trophy Club, TX 76262 Henry & Christina Dickman 2603 Strathfield Lane Trophy Club, TX 76262 Ronald & Linda Hesslein 2609 Strathfield Lane Trophy Club, TX 76262 Gary Jackson & Sylvia Genco-Whitley 2213 Carrick Dr. Trophy Club, TX 76262 Michael & Ruthie Holland 2200 Carrick Dr. Trophy Club, TX 76262 Ralf & Grace Kalup 2202 Carrick Dr. Trophy Club, TX 76262 Ricky & Kenda Peterson 2204 Carrick Dr. Trophy Club, TX 76262 Nic & Ver-lee Cheneweth 2208 Carrick Dr. Trophy Club, TX 76262 Sion & Shannon Alford 2206 Prestwick Ave. Trophy Club, TX 76262 Scott Bahr 2204 Prestwick Ave. Trophy Club, TX 76262 Scott & Alicia Bakere 2236 Edinburgh Ave. Trophy Club, TX 76262 Greg & Amanda Fox 2234 Edinburgh Ave. Trophy Club, TX 76262 Jeremy & Kimberly Darden 2232 Edinburgh Ave. Trophy Club, TX 76262 Rachel & Fernando Baton 2228 Edinburgh Ave. Trophy Club, TX 76262 Murland & Janis Schnaidt 2218 Edinburgh Ave. Trophy Club, TX 76262 2216 Edinburgh Avenue Trust 2216 Edinburgh Ave. Trophy Club, TX 76262 Charles & Judith Rutan 2214 Edinburgh Ave. Trophy Club, TX 76262 David Fesperman P.O. Box 499 Trophy Club, TX 76262 Planning and Zoning Commission Page 143 of 151 Meeting Date: April 15, 2010 Francis Brown 2227 Edinburgh Ave. Trophy Club, TX 76262 Richard & Terri Wysor 2219 Edinburgh Ave. Trophy Club, TX 76262 Terrence & Amy Mick 2217 Edinburgh Ave. Trophy Club, TX 76262 Joe & Eloise Bailey 2213 Aberdeen Dr. Trophy Club, TX 76262 Christopher Douglas & Gina Vines 2205 Aberdeen Dr. Trophy Club, TX 76262 Timothy Kurtz 2203 Aberdeen Dr. Trophy Club, TX 76262 Paul & Melissa Rashidi 2202 Aberdeen Dr. Trophy Club, TX 76262 Aida & Jose Negron 2204 Aberdeen Dr. Trophy Club, TX 76262 Christopher & Deborah Kelly 2208 Aberdeen Dr. Trophy Club, TX 76262 Chris & Lisa Degnan 2201 Stirling Ave. Trophy Club, TX 76262 Steven & Heather Nelson 2214 Stirling Ave. Trophy Club, TX 76262 Andrew & Callie Whitwell 2204 Stirling Ave. Trophy Club, TX 76262 S.J. & E.N. Hampton 2249 Veranda Ave. Trophy Club, TX 76262 John & Robin Collins 2250 Veranda Ave. Trophy Club, TX 76262 John & Kimberly Giuffrida 2248 Veranda Ave. Trophy Club, TX 76262 Don & Sharon Robinson 2246 Veranda Ave. Trophy Club, TX 76262 Tony & Teresa English 2240 Veranda Ave. Trophy Club, TX 76262 Mitchel & Sherri Cohen 2202 Galloway Blvd. Trophy Club, TX 76262 Samuel Carvalho 2200 Galloway Blvd. Trophy Club, TX 76262 Peter & Judy Ehrenberg 2205 Galloway Blvd. Trophy Club, TX 76262 Ivan & Allison Havre 2211 Galloway Blvd. Trophy Club, TX 76262 Pak & Thi Pham Tang 2237 Galloway Blvd. Trophy Club, TX 76262 Oliver Watts 2234 Galloway Blvd. Trophy Club, TX 76262 Norman & Annette Setser 2230 Galloway Blvd. Trophy Club, TX 76262 John Huczek 2220 Montgomerie Ave. Trophy Club, TX 76262 Kevin & Debbie Moon 2222 Montgomerie Ave. Trophy Club, TX 76262 Daniel & Lara Wilson 2224 Montgomerie Ave. Trophy Club, TX 76262 Paramvir & Damandeep Dhillon 2226 Mongomerie Ave. Trophy Club, TX 76262 Thomas Dimariano & Michelle Watson-Williams 2231 Alisa Lane Trophy Club, TX 76262 James & Cheri Rudy 2229 Alisa Lane Trophy Club, TX 76262 Planning and Zoning Commission Page 144 of 151 Meeting Date: April 15, 2010 David Winter 2225 Alisa Lane Trophy Club, TX 76262 Mack Mercer 2223 Alisa Lane Trophy Club, TX 76262 Jennifer Hunter & Nicholas Rogers 2222 Glasgow Dr. Trophy Club, TX 76262 Planning and Zoning Commission Page 145 of 151 Meeting Date: April 15, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-215-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/12/2010 Planning & Zoning Commission On agenda:Final action:4/15/2010 Title:Discussion and Recommendation regarding a Request for a Zoning Change from "PD-27" (Planned Development No. 27) to "CR" (Commercial Recreation) for Northwest Park, located just north of the Community Pool/Recreation Center property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) Attachments: Action ByDate Action ResultVer. Planning and Zoning Commission Page 146 of 151 Meeting Date: April 15, 2010 12010-215-T Version:File #: Title Discussion and Recommendation regarding a Request for a Zoning Change from "PD-27" (Planned Development No. 27) to "CR" (Commercial Recreation) for Northwest Park, located just north of the Community Pool/Recreation Center property on Parkview Dr., 12.90 Acres, Applicant: Town of Trophy Club Parks and Recreation Department. (ZCA-10-016) Planning and Zoning Commission Page 147 of 151 Meeting Date: April 15, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-216-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/12/2010 Planning & Zoning Commission On agenda:Final action:4/15/2010 Title:Discussion and Recommendation regarding changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling and Production, affecting the setback from an existing wellhead to a habitable structure. (ADM-10-006) Attachments: Action ByDate Action ResultVer. Planning and Zoning Commission Page 148 of 151 Meeting Date: April 15, 2010 12010-216-T Version:File #: Title Discussion and Recommendation regarding changes to the Town of Trophy Club Code of Ordinances, Chapter 13- Zoning, Article V-Supplementary District Regulations, Section 5.12 Oil and Gas Well Drilling and Production, affecting the setback from an existing wellhead to a habitable structure. (ADM-10-006) Planning and Zoning Commission Page 149 of 151 Meeting Date: April 15, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-217-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/12/2010 Planning & Zoning Commission On agenda:Final action:4/15/2010 Title:Discussion and Recommendation regarding an Amendment to PD-Planned Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit “B” - Development Standards, Section VI. Development and Design Standards, “C” Screening and Fencing, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Attachments: Action ByDate Action ResultVer. Planning and Zoning Commission Page 150 of 151 Meeting Date: April 15, 2010 12010-217-T Version:File #: Title Discussion and Recommendation regarding an Amendment to PD-Planned Development District No. 27, known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z by amending Exhibit “B” - Development Standards, Section VI. Development and Design Standards, “C” Screening and Fencing, and Section IV, Lot Type Regulations, and other miscellaneous changes to PD-27 as necessary regarding this request. Applicant: High Trophy Development, LLC Represented by Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034) Planning and Zoning Commission Page 151 of 151 Meeting Date: April 15, 2010